Disagreements on the construction site? Don't agree to improvements too quickly! (Photo: © Stephane Vrignon /123RF.com)
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Current building law - Theme specials
March 2026
Tradespeople should avoid making unconditional promises to rectify defects, as this is legally considered an acknowledgment of the issue. Being accommodating can quickly become expensive. An expert offers tips on how to avoid this liability trap.
Eliminated a craftsman finds a defect without express Subject to reservation, can this be interpreted as tacit? Recognition The Higher Regional Court (OLG) Düsseldorf ruled in a recently published judgment that the lack of a declaration or a unclear behavior of the entrepreneur to his Disadvantage can be interpreted.
A construction company renovated a building. Later, the client complained about various aspects. Defects. The matter went to court. In the course of the dispute, the contractor stated in a letter from his lawyer that he would rectify the defects identified by the expert "as quickly as possible". remove he would – even though he didn't actually share that view. This very promise became the turning point of the proceedings.
The client demanded that the contractor... Costs He should pay to rectify these defects. His argument: The first company had promisedthat they have the defects remove would. But that is not This should happen, so that he can demand reimbursement for the costs of remedying the defects.
The Higher Regional Court ruled in favor of the customer. The construction company had actually and legally bindingly promised that he would rectify the defects. critical It is not what the entrepreneur inwardly wanted, but how his behavior and his Declaration from the client Roger that .
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"The defendant has informed the plaintiff of this Lawyer's letter (...) to inform that they (...) have addressed the defects in the roof listed by expert G. in his report. improve "would," the verdict stated verbatim. "With this, however, she not only announced, but explicitly and without restriction promised, to rectify the complaints. (...) The explicitly stated commitment was based on objective grounds. Receiver view to be understood only as meaning that the defendant, with regard to the defects in the roof, is not liable in principle as well as (...) the extent of the Remedy of defects removed from the dispute, specifically in relation to the plaintiff, to whom she made this promise."
"So the saying 'Speech is silver, silence is golden' doesn't always apply," he explains. Lawyer Sabine Schönewald, Head of Department at the Chamber of Skilled Crafts in Cologne. "For craft businesses, this means that pragmatic action is essential." goodwill Quickly expensive can be: A Recognition leads to Reimbursement the rectification of defects, possible delays and consequential damages, and entitles the client, if necessary, to withhold advance payments or final invoice payments."
Therefore, tradespeople should always, before remedying defects or making improvements in disputed cases, clarify, whether you are acting out of a legal obligation or merely as a precautionary measure goodwill Take action, advises the expert. "Ideally, your Important notes for evidentiary purposes written and definitely near Work should commence. Clear communication and documentation are simpler and cheaper than later liability disputes.
According to the chamber's legal expert, the following has proven effective. formulation:
"The measure/service [mention specific measure or service here] This is done purely as a precautionary measure, out of goodwill and expressly without acknowledgment of any legal obligation."
Higher Regional Court of Düsseldorf, judgment of May 28, 2024, Ref. 23 U 155/22
Sources: Cologne Chamber of Skilled Crafts; Düsseldorf Higher Regional Court
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