A defect despite passed freeze-thaw test? (Legal evaluation)

Spalling above intact near-surface aggregate particles?

Defects are evaluated in accordance with applicable legislation, rather than on the basis of technical rules and standards. The legal basis is the construction contract that the ordering party/client enters into with the contractor. Even if the contractor procures the treads subject to the complaint as prefabricated elements from a precast plant based on a purchase agreement pursuant to sections 651 and 433 BGB (Bürgerliches Gesetzbuch; German Civil Code), the installation of the stair in front of the house takes place on the basis of a contract for work (pursuant to section 631 et seq. BGB,...

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Issue 2018-02 Delivery of pipes and manholes

Obligation for inspection and notification of defects as well as commercial liability for defects

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Issue 2013-02 Recent case law

Private building law with respect to remuneration and liability

Recent case law pertaining to the precast element contract In building practice, knowledge of the parties to the contract, of the legal nature of the contract entered into by these parties and of the...

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Issue 2017-02 German Federal Court of Justice case law

Acceptable imperfections, fitness for purpose, expected quality, warranted product characteristics

The terms listed in the title of this paper cannot be derived directly from the law, but they are relatively common in legal practice. At first glance, they serve to define the work owed under the...

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Issue 2014-02 Legal evaluation

Semi-precast floors. Rust spots, traces of rubber abrasion, voids –

The present case refers to the legal relationship between the shell construction contractor and the precast producer that manufactures and delivers the semi-precast floor units. Pursuant to section...

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From sales contract to contract for work?

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