Defect disputes turn on the promised performance, the actual condition of the work and the available remedy. We assist employers, contractors and project professionals with notices, acceptance, technical evidence and the resolution of liability disputes.
Identify the defect and responsible party
Compare the work with the agreed quality, intended use and relevant technical requirements. A visible symptom may have several causes: design, workmanship, unsuitable products or a failure at an interface. An independent technical assessment can help identify the parties and the investigation needed.
Choose and preserve the remedy
The BGB provides remedies including rectification and, subject to their requirements, self-remedy, price reduction, withdrawal and damages. Do not assume that appointing a replacement contractor immediately will preserve a reimbursement claim; the original contractor may first need an effective opportunity to rectify.
Acceptance has significant consequences for payment, evidence and limitation. Record outstanding defects and appropriate reservations. Statutory building-defect claims commonly have a five-year period from acceptance, but the relevant contract, claim type and exceptions must be checked. A routine complaint alone does not safely stop time running.
Secure evidence before the condition changes
Emergency measures may be needed to prevent damage. Document the condition before opening up or replacing work and retain relevant samples where practical. A court-based independent evidence procedure can be appropriate where the technical findings need to be preserved for a later dispute.
Four practical examples
Illustrative scenarios: the appropriate steps depend on the contract, evidence and applicable law. These are not reports of client matters.
A leaking roof
The cause may lie in the membrane or adjoining cladding. Arrange a coordinated inspection and notify the potentially responsible parties before repair obscures the junction.
Acceptance with a snagging list
The employer is prepared to accept the building despite minor defects. Record the defects, reservations and completion arrangements clearly.
A defect near expiry
Water ingress appears shortly before a possible limitation deadline. Assess protective proceedings promptly instead of relying on an unanswered email.
An overlarge withholding
A small defect is used to withhold the whole final account. Assess the permitted withholding and the estimated rectification cost.
Documents that help us assess your position
The contract, specification, acceptance record, defect notices, photographs, expert reports, correspondence and any warranty or bond.
Discuss your project or dispute
Tell us where the project is located, who is involved and whether a deadline is approaching. We can then clarify the scope of the proposed engagement and the next steps.
Related construction law services
Legal framework & further reading
- German Civil Code, section 633
- German Civil Code, section 634
- German Civil Code, section 640
- German Civil Code, section 634a
Reviewed: 12 November 2026. Statutory references are to German law unless stated otherwise.