Complaint: General phrases are not enough

If a tradesman demands payment, the customer cannot refuse it based on mere suspicions about defects in the work. The Federal Court of Justice requires that the customer provide more specific evidence.

The client must Manufacturing defects in his reprimand describe, to assert warranty rights. His mere PresumptionThe fact that some – unspecified – defects exist is sufficient. not The Federal Court of Justice demands that he name specific symptoms.

The case

A tradesman repaired a biogas plant and charged around €45.000 for his services. The client refused the payment with the argument that he had a right of retention because Defects of the facility. Specific statement However, he made no mention of the alleged defects. notThe craftsman then took the matter to court.

Die Entscheidung

As the Higher Regional Court of Naumburg had done previously, Germany's highest civil court also sided with the tradesman. The customer must... Pay the contract price.

According to the established case law of the Federal Court of Justice, for a conclusive demonstration of a defect, it is sufficient for the client to describe the perceptible manifestations, i.e., symptoms. They do not need to explain the technical cause of the defect. However, it is essential that they actually describe the defect. specific symptoms names. Its mere PresumptionThere may be defects; it will be replaced. no Description of the defects. This is not a sound basis for warranty rights or a right of retention.

Anyone who cites deficiencies must at least erklären The client must therefore specify what exactly is not working, what anomalies are occurring, when these were observed, and in which part of the system the anomaly is manifesting. outer – perceptible visually, audibly or haptically – Characteristics Describe the deficiency as precisely as possible (so-called symptom theory). 

practical tip

"A request for rectification of defects must be so specific that the contractor Check without guesswork "can identify what is criticized and make targeted improvements," explains Udo Kuhlmann, specialist lawyer for construction lawEspecially in VOB/B contracts, a specific notice of defects is, among other things, a prerequisite for the two-year quasi-suspension of the statute of limitations. Section 13 paragraph 5 no. 2 sentence 2 VOB/B"What is crucial is a comprehensible description of the Symptoms"Not the technical diagnosis. Blanket formulas are risky." A simple notification stating that there is a defect and that one will contact the customer later is equally insufficient. 

"For the Practice This means: "The client must address the issues raised in such a way that..." the beschreibthat they are verifiable. Without such a description, it remains a presumption, and a presumption is insufficient for warranty claims or a right of retention."

Federal Court of Justice, decision of 9 July 2025, Ref. VII ZR 233/23 (Appeal against the judgment of the Higher Regional Court of Naumburg dismissed, Ref. 2 U 44/20)

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