A defect remedy must be matched to the contractor’s promised work and the technical cause of the problem.
Archive article, reviewed and updated on 12 November 2026. The original publication date is retained.
Why scope and causation matter
The archived discussion of Düsseldorf Higher Regional Court, order of 17 May 2021, 23 U 81/20, concerned a conservatory roof and an existing supporting structure. The broader lesson is to distinguish the agreed work, the feasibility of rectification and alleged consequential damage.
Prepare the claim carefully
A request for an advance for rectification is not the same claim as damages for another part of the building. Identify the remedy, technical evidence and limitation position. Where several causes are possible, an expert should address them rather than assume every observed problem results from the disputed work.
Four practical examples
Illustrative scenarios: the appropriate steps depend on the contract, evidence and applicable law. These are not reports of client matters.
An old support structure
Identify whether replacing it was part of the contract.
Several moisture sources
Investigate ventilation and other entry points as well as the repaired roof.
A different remedy
Check the procedural and limitation consequences before changing the claim.
A whole-building replacement demand
Explain why the proposed measure is necessary and attributable to the breach.
Further guidance
Legal framework & further reading
Reviewed: 12 November 2026. Statutory references are to German law unless stated otherwise.