When a defect threatens use or causes further damage, the project team must decide quickly who should inspect and repair it. The June dossier sets out a practical sequence for preserving evidence and selecting the appropriate remedy.
June 2026 practice dossier. A thematic entry in the annual archive, prepared and legally reviewed on 13 November 2026. This is not a claim that it was published or that legislation changed in that month.
Separate the symptom from the proposed remedy
Describe where and when the problem occurs, the conditions in which it appears and the work potentially involved. A photograph of a wet wall documents a symptom, not necessarily the cause. Invite the relevant participants to inspect where appropriate and keep an attendance record. Technical investigation and the legal allocation of responsibility should proceed together; a repair quotation alone is not a complete liability assessment.
Check the conditions before substitute performance
The BGB distinguishes supplementary performance, self-remedy, reduction, withdrawal and damages. Their prerequisites differ. Under section 637, self-remedy normally requires an unsuccessful reasonable period for supplementary performance, subject to exceptions. Emergency mitigation may require immediate measures, but the reasons and necessary extent should be recorded. Keep temporary protection separate from the final repair so that urgency is not used to justify unrelated works.
Project review checklist
- Create a defect record with location, dates and evidence.
- Review notice, deadline and access for inspection or repair.
- Document urgent protection and preserve removed components.
Four practical examples
These illustrative scenarios are fictional examples, not accounts of client matters.
Leaking roof
Water enters during rain. Arrange necessary temporary protection and record the conditions before the roof is opened. Preserve samples and photographs so that later repairs do not erase the evidence of the original detail.
Disputed responsibility
The window installer blames the façade and vice versa. Arrange a coordinated inspection with specific technical questions. Ordering two competing repairs can make both causation and recoverable expenditure harder to establish.
No access
The contractor offers to inspect, but the building remains locked. Organise a workable appointment and record the response. A deadline should be considered alongside the opportunity actually provided to carry out the work.
Replacement upgrade
The owner wants a higher specification while repairing a defect. Separate the necessary remedy from the improvement. Record the scope and costs so that a later claim does not merge repair expenditure with an optional upgrade.
Further guidance and sources
Explore the related construction law service