Construction Defects in Germany

German Construction Lawyers

Construction Defects in Germany

German Construction Lawyers

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.

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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.

Construction Contract: Drafting and Reviewing the Contract

Our construction law lawyers will assist you from the beginning of your construction project. They advise you on all legal aspects in the planning phase and draft the corresponding construction contract according to your wishes and objectives.

The construction contract plays a crucial role in the entire process, as it regulates the rights and obligations of the parties involved. Missing elements, as well as clauses, can therefore lead to significant delays and ambiguities as well as additional costs later on.

The work of our construction lawyers always focuses on your interests and wishes regarding your construction project and on avoiding costly mistakes and legal disputes. Therefore, an expert lawyer’s review of the construction contract is always recommended.

Deadlines that are not specified, missing contractual penalties for delays, missing provisions regarding the extension of the construction period and fundamental problems such as the lack of specification of the object of construction and specification of the construction materials are among the factors that can cause lasting damage to your construction project.

Our lawyers have many years of experience in drafting and reviewing contracts. We ensure that your interests are enforced and that none of those mentioned above problems occurs during your construction project.

Legal Support throughout the Construction Project

Our construction lawyers will guide you throughout your project and assist you with legal challenges. If there is any doubt about the contractor’s compliance with the contract, our lawyers will review the matter with particular care and explain your legal options in the event of a construction defect.

Our legal team uses its many years of experience and expertise in construction law to uncover hidden defects that are often not immediately apparent. We attach great importance to professional and trusting cooperation with responsible construction partners to remedy occurring construction defects as quickly as possible and in the best possible way.

Our legal team is aware of the difficulties associated with complex construction projects and defects in their execution. We prioritise providing you with the highest quality legal advice in construction law.

Our lawyers are committed to your interests and provide specialised advice and comprehensive representation. We will explain what steps to take and what needs to be considered.

Legal Advice in Case of Construction Defects

Our lawyers for construction law advise you on your rights to remedy construction defects and how to document them in the best possible way. In addition, our lawyers will monitor the process to ensure that the service provider complies with its contractual obligations to rectify the problem.

There are several factors to consider in order for your legal claim to take effect. The discovery of the construction defect is among the most important of these factors. Our lawyers offer comprehensive advice on warranty claims and breach of contract under German law.

Enforcement of your Rights

German construction law is characterised by its complexity. The regulations of building law are divided between local, state and federal law as well as European regulations, which are of equal importance. The complexity and the multitude of regulations to be observed in building law can, therefore, regularly pose enormous challenges for non-lawyers.

Moreover, discovering a defect often leads to the question of how best to approach such a legal matter. Our lawyers for German construction law will advise you comprehensively on the steps to take.

Actions after Construction Defects are Discovered

If construction defects are discovered, remain calm and follow the below steps. Aggressive behaviour and the immediate threat of legal action can harm your case, as court proceedings in construction law matters can drag on for years.

Maintaining a productive partnership with the parties involved in construction can also prevent the need to change builders. At the same time, you have a right to expect the building to be built according to the contractually agreed specifications.

1. Document the Defect

After discovering the construction defect, you must document the time of discovery and the nature of the defect and take photos of it. Create a report that clearly states the problem and make sure it is dated. Create a document for yourself and one to send to your building partners. You will also have a dated copy if you send it by registered mail. If you need additional assistance, our lawyers can assist you in preparing the report and answering any questions.

The letter should set out the nature of the defect, ask the builder to rectify the defect and set a deadline by which the builder must correct the defect. Setting a deadline shows that the matter must be taken seriously and that you will consider further action if the letter is ignored.

2. Have the Building Contract checked by a Lawyer

If the construction company does not respond to the original letter, having a specialist construction lawyer review the construction contract and write a letter on your behalf may persuade the construction company to take the matter more seriously. If the construction company has indeed made a mistake, they will be aware that issues should be resolved as soon as possible.

3. Extend the Deadline if Necessary

After sending another letter to the construction company, an extension of time may be necessary. However, an extension of time will depend on the nature of the defect and the urgency of rectifying it. As a rule, 14 days is a reasonable deadline. The letter should state whether this is the last chance to remedy the defect. Again, this letter should be sent by registered post and keeping copies of all documents sent is of enormous importance.

4. Take Action

If, after taking the above steps, the construction company or service provider has not fixed the problem or taken steps in that direction, you have the right to take action.

These measures included, but were not limited to:

  • reducing the agreed construction price,
  • the commissioning of another building contractor,
  • a claim for damages,
  • withdrawing from the building contract, and
  • the initiation of legal action.

Our lawyers for construction law are experts in the field of negotiation and out-of-court settlements. We will first seek an out-of-court solution to your construction law matter. However, if this is not possible, our lawyers will also stand by you in court with the necessary commitment. The right solution for your legal case depends, among other things, on the type of defect, the scope of the construction project, and whether you are in the middle of a project or whether the project has already been completed.

Schlun & Elseven Logo

Practice Group: German Construction Law

Practice Group:
German Construction Law

Dr. Tim Schlun

Lawyer | Managing Partner

Verena Ziemes

Lawyer | Freelance

Contact our Lawyers for German Construction Law

Please use our online form to outline your request to us. After receiving your request, we will make a brief initial assessment based on the facts described and provide you with a cost offer. You can then decide whether you would like to engage our services.

Locations & Office Times

Mo – Fr: 09:00 – 19:00
24h Contact: 0221 93295960
Email: info@se-legal.de
Appointments made by telephone only.

Von-Coels-Str. 214
52080 Aachen
Tel: +49 241 4757140
Fax: 0241 47571469

Kyffhäuserstr. 45
50674 Cologne
Tel: +49 221 93295960
Fax: 0221 932959669

Düsseldorfer Str. 70
40545 Düsseldorf
Tel: +49 211 882 84196
Fax: 0221 932959669

Locations & Office Times

Mo – Fr: 09:00 – 19:00
24h Contact: 0221 93295960
Email: info@se-legal.de
Appointments made by telephone only.

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Hamburg 20354, Neuer Wall 63

München 80339, Theresienhöhe 28