A partial acceptance can also be called final acceptance

Even if the builder signs a "final acceptance and handover protocol," it depends on their actual intention. If there are still outstanding services, this is considered a partial acceptance.

This article is part of the special topic "Acceptance: The linchpin for tradesmen's rights".

Acceptance of the completed work is an important step, as payment is usually due afterward . However, if the construction is not yet fully finished, acceptance should only take place in stages. With partial acceptance , the contractor cannot immediately demand the full price . Especially in the case of defects, the client can also withhold a portion of the payment.

The case

The client ordered a prefabricated house. This included a basic package for the house as well as various additional services, primarily an electrical package for the basement and a heating system package. In February 2016, the client signed a final inspection and handover protocol . However, at that time, the work on the technical systems was not yet complete, especially the installation of the heating system . This work was not finished until May 2016.

The client withheld a large sum from the final invoice because the heating manifolds had been installed on the surface of the plaster instead of under the agreed-upon surface. The construction company sued to recover the outstanding amount. The client argued that he had no right to withhold payment because he had accepted the work without reservation.

The judgment

The Higher Regional Court ruled in favor of the client. The judges based their decision on the interpretation of the "handover protocol." According to this protocol, only a partial acceptance was intended, specifically with regard to the basic package. Clients are free to accept such parts of the work before completion of the entire project. A prerequisite for partial acceptance is that these parts can be separated and constitute a meaningful, independent unit.

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Here, the client clearly did not intend to accept such additional work , as it was not yet completed at that time . According to the minutes, his statement referred only to specific, precisely identified components of the house. It was evidently not an explicit acceptance of other services to be provided after the house was built.

The client is not obligated to include a reservation regarding these works in the acceptance protocol. Since the incorrect placement of the heating manifold does indeed constitute a significant defect , the construction company's claim is unfounded and its lawsuit is therefore unsuccessful.

Higher Regional Court of Munich, Judgment of January 15, 2020, Case No. 20 U 1051/19

Special Topic: Acceptance Testing Important articles about building acceptance testing can be found in our special feature. > Read more here!

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