A construction defect exists if the quality of the construction deviates from the agreed quality or the work is not suitable for the use agreed under the contract.
For instance it may be important to clarify whether is really the case of a construction defect on the basis of objective criteria.
If the builder cannot rely on an agreement on quality, he must assess whether there is a construction defect on the basis of other objective criteria. According to Section 633 (2) BGB, a construction defect exists in the following situations:
- The construction work is not usable for the use specified in the construction contract.
- The construction work is not usable for the usual use and also does not have the quality typical for the construction work that the client can expect.
Important to know:
The building contractor is responsible for constructing the building free of material defects and defects of title (cf. Section 633 (1) BGB). However, if there is evidence of a construction defect, the building owner can assert warranty claims against the company.