{"id":38623,"date":"2022-02-16T04:14:22","date_gmt":"2022-02-16T03:14:22","guid":{"rendered":"https:\/\/harlander-partner.eu\/real-estate-law\/construction-defects\/"},"modified":"2025-11-24T19:43:25","modified_gmt":"2025-11-24T18:43:25","slug":"construction-defects","status":"publish","type":"page","link":"https:\/\/harlander-partner.eu\/en\/real-estate-law\/construction-defects\/","title":{"rendered":"Construction Defects"},"content":{"rendered":"
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Warranty & Damages<\/h2>\n\n

Our law firm competently represents you in all warranty and damages disputes.<\/p>\n

Sowohl Gew\u00e4hrleistungs- als auch Schadenersatzrecht wirken auf den ersten Blick sehr einfach, haben aber zahlreiche rechtliche T\u00fccken. Zudem existiert eine Vielzahl von Rechtsprechung, die den eigentlich recht kurzen Gesetzestext in verschiedene Richtungen interpretiert und auslegt.<\/p>\n\n

Warranty <\/h2>\n\n

You are undoubtedly familiar with the problem yourself: A customer calls you, utterly furious, claiming various defects in your service, refusing to pay your service fee (in full), and demanding free rectifications from you. <\/p>\n\n

While such situations are vexing and severely disrupt daily operations, as an entrepreneur, one should never accept such demands without examination. <\/p>\n\n

If you provide services for remuneration (for example, within the scope of a contract for work), you automatically become subject to warranty obligations. Your liability under warranty is independent of fault. Thus, you cannot circumvent warranty law with the excuse “it’s not my fault at all”. <\/p>\n\n

Within the scope of your warranty obligation, there is the possibility of rectification, completion of missing parts, or replacement. Your customer therefore generally has no right to immediately demand a reduction in the service fee or to declare withdrawal from the contract. If you fulfill your obligations, you are generally entitled to the full service fee. <\/p>\n\n

If both rectification and replacement are impossible, or involve disproportionately high effort for you, your customer has the right to demand a reduction in the service fee or \u2013 provided it is not a minor defect \u2013 the dissolution of the contract (= rescission). This also applies if you refuse rectification or replacement, do not carry them out within a reasonable period, if they are associated with significant inconvenience for your customer, or are unreasonable for your customer due to reasons attributable to you. <\/p>\n\n

Damages<\/h2>\n\n

Another scenario: Your service is flawless (and therefore free of defects under warranty law), however, you make a mistake and damage your customer’s property. In this case, fault is attributable to you \u2013 liability under warranty law is excluded. Rather, your customer is entitled to damages. <\/p>\n\n

The legal prerequisites for a claim for damages are:<\/p>\n\n