The craftsman is not liable for invisible pre-existing defects in the work.

The extent of a tradesperson's duty to inspect and advise on the preliminary work of other trades is a matter that courts repeatedly have to clarify. Most recently, the Coburg Regional Court released a roofer from liability because he failed to detect pre-existing defects.

This article is part of the special topic Current building law

If a craftsman injures his Duty to inspect and provide information he can Liability for defects of others – even if he himself has worked flawlessly.t. But that this duty also has its boundaries This is demonstrated by a recent ruling of the Coburg Regional Court.

The case

A homeowner hired a rooferThe customer was asked to replace wooden boards along the edge of the roof – at the so-called verge. Initially, he was satisfied with the work. However, after some time, he noticed that rainwater was running over the new verge boards, even though they were supposed to be protected from moisture. Further investigation revealed that... Humidity The damage was not caused by the roofer's work; the actual fault lay in the roof itself. other The company had already installed the roof Incorrectly stocked years ago so that rainwater could penetrate under the roof tiles.

Nevertheless, the homeowners held the hired roofer responsible. They claimed he should have inspected the old roof covering and checked for any defects. Point out the defect Had he done that, they wouldn't have placed the order, but would have had the roof completely replaced. Therefore, they demanded the approximately 3.000 euros backwhich they had already paid. The roofer rejected this demand: He had completed his work flawlessly. carried out and I can't be held responsible for the old damage. 

The judgment 

The Coburg Regional Court sided with the roofer. According to the court, a tradesman must indeed carry out the preliminary work of another company. check, but only then, if previous defects that new Performance impair A tradesperson is always obligated to deliver a fully functional product – even if they followed the rules of good practice in their own work. Therefore, if a defect made by another tradesperson renders the new product unusable, the contractor can be held liable.

However, this principle has its Limits: A craftsman is not liable if he the old defect of the other company not recognize could.

The court, with the help of a Experts established that the defendant roofer was responsible for the leaking roof I would not have recognized The water stains on the wooden sheathing suggested to an expert that the water had only penetrated the unprotected area at the gable end, which the roofer had sealed with a metal flashing. He also had to acknowledge that some roof tiles were not properly positioned and were thus allowing water to pass through. not to determine this, because the visible damage clearly points to a other cause pointed out. 

Coburg Regional Court, judgment of February 6, 2026, file number. 33 S 62/23, legally binding

The contractor's duty to inspect and advise

"The tradesperson is generally obligated to deliver a defect-free product to their client. The finished product must be functional. Liability for defects is a..." no-fault"That means it doesn't matter whether the reasons lie within the craftsman's own area of ​​responsibility or outside his service," he says. Michael Bier, Lawyer and department head at Chamber of Crafts DüsseldorfTradespeople often don't know exactly how far their work has progressed. Inspection and notification obligations Go: On the one hand, the contractor must check the services of the companies that in front of him have worked. On the other hand, the tradesman must also provide instructions that are relevant to his work. own work success might be important.

This obligation is a primary contractual obligation; it applies equally to the VOB (German Construction Contract Procedures). and at German Civil Code (BGB) construction contract. If the contractor violates his duty to inspect and advise, he can be held liable. Defects are liable – even if he himself worked flawlessly. 

Notice as early as possible and in writing

The Doubt The craftsman must inform the customer about the functionality of the work if possible früher an written notice And in case of dispute he must prove that he has done so. Then he is released from his Exempt from liability. 

It is important to know that a contractor's breach of their duty to inspect and advise is not the basis for liability for defects. Rather, it is the fulfillment of this duty that protects the contractor from liability for defects. freed,"Lawyer Bier clarifies. The obligation is linked to a existing defect and can relieve a contractor of liability if he points out a potential defect. However, it is in no way suitable to establish liability for defects.

The advisors at the Chambers of Crafts will be happy to help you with any legal questions!

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