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Construction damages and liability

Liability of planners, contractors and site supervision. Damage, fault, contributory fault and the line between damages and warranty.

Alongside the statutory warranty, damages can come into play. Unlike the statutory warranty, damages require fault, but in return they often reach further, for example for consequential damage or where the warranty period has already expired.

We clarify who is liable on the building for a loss and enforce your claims. Many parties work together on the building, so the clean allocation of responsibility is often the key.

Damages alongside the statutory warranty

The statutory warranty removes the defect itself. Damages cover, beyond that, losses that arise from the defect, for example damaged contents caused by water ingress. The precondition is fault on the part of the party causing the harm.

  • the defect in the work itself: the defect in the works
  • consequential damage: further loss to other goods
  • fault as a precondition of damages
  • possible concurrence with warranty claims

Who is liable on the building

A construction fault can have many causes. Responsible is whoever has breached their contractual or professional duty of care. Frequently several parties are liable alongside one another.

  • planners and architects for planning and tendering errors
  • structural engineers for errors in the structural design
  • executing companies for execution errors
  • local site supervision for monitoring errors

Fault, contributory fault, burden of proof

What needs to be clarified is the breach of duty, the fault and the causal connection between the error and the loss. Your own contributory fault can reduce the claim. Court-appointed experts play a central role in clarifying the cause.

How we support you

  • assessment of liability and the prospects of success
  • allocation of responsibility among several parties
  • securing the evidence on the cause of the loss
  • enforcement or defence of damages claims

This article provides a general overview of Austrian law and does not replace advice in an individual case. The specific circumstances of your construction project are always decisive.

Frequently asked questions

What clients often ask.

How do statutory warranty and damages differ? +
The statutory warranty is liable, regardless of fault, for the works being free of defects. Damages require fault, but in return also cover consequential damage and can still exist after the warranty period has expired. Often both claims are asserted alongside one another.
Is the architect liable for a planning error? +
Where a planning error exists and the architect is responsible for it, liability comes into consideration. What needs to be clarified is the specific breach of duty and the causal connection with the loss. An expert opinion is frequently indispensable for this.
How long can I claim damages? +
Damages claims are in principle time-barred three years from knowledge of the loss and the party causing it, and at the latest after thirty years. Because the start of the period is often disputed in construction, you should have your claims reviewed early.
What does contributory fault mean? +
Where the injured party has contributed to the loss, for example through a faulty specification or a delayed reaction, the claim can be reduced proportionately. How high the proportion turns out depends on the weight of the causation on each side.
Related topics

This may also be relevant to you.

Construction defects and warranty

Identify, notify and enforce defects in the building. Remedy, price reduction, rescission and the warranty periods under Austrian civil law.

Construction litigation and evidence preservation

Secure evidence before it is built over: judicial preservation of evidence, court experts and the preparation of construction litigation.

Construction contract and remuneration

Works contract, lump-sum and unit prices, additional orders, final invoice and enforcing or defending remuneration claims.

Defects, a remuneration dispute, looming litigation?

In construction law, deadlines and evidence decide. Call us directly or send an email, callback within one business day.

+43 662 6280000 [email protected] Book initial consultation (72 euros)
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BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg