In a construction project, especially a new building or renovation of a house, construction defects pose a considerable risk for builders. Before embarking on an important project, it is therefore advisable to consult an experienced construction lawyer to be clear about contractual rights and obligations.
The German law firm Schlun & Elseven offers equally competent legal assistance to provide our clients with the support they need. Our construction and contract lawyers are familiar with the regulations and standards applicable in the construction industry in Germany and have many years of experience in accompanying construction projects. They explain to you what options are open to you as a builder-owner in the event of construction delays or other breaches of contractual obligations. If a legal dispute cannot be avoided, we will represent you in court to enforce your rights and interests quickly and effectively.
What are Construction Defects?
Construction defects can take many forms; however, the most obvious indicator is if the building is not built as contractually agreed. Such problems may appear small initially, but if left unchanged, they may cause structural damage, leading to high repair costs. Although some defects may be obvious, most are not and only become apparent after time has passed.
With the assistance of an expert in construction by your side, a defect can be detected early, preventing the necessary costly repairs.
As a building owner, it is vital to find faults early in the process, as if the defect is discovered too late, they may not be able to get compensation for the damage caused. Early detection can also prevent costly and time-consuming legal battles from arising.
Usually, construction projects have a warranty period lasting between two and five years; however, this can vary significantly depending on the contract.
A construction defect can be in the form of:
- leaks,
- faults in the construction process, such as the inadequate sealing of the foundation and basement,
- usage of different materials than agreed,
- incorrect installation of windows or inadequate insulation,
- faulty flooring resulting in rooms that are the wrong size,
- cracks.
Should any of these be detected early during the construction project, it is advisable to bring them to the attention of those undertaking the building project and consult with an expert in construction law.
Upon agreement of a construction contract, the builder should carry out the project’s building as agreed to in the document.