Acceptance of the contractual work
As part of the contract for work, the contractor owes not just the mere service, but also concrete results of the work. Contracts for work regulate, for example, the implementation of construction and architectural services, repair work or other craft activities.
The client only has to accept the work produced in accordance with the contract. The work is considered to have been produced in accordance with the contract if it is complete and free of defects. If it deviates from the contractual agreement, it is considered defective. If the defects are significant, i.e. not just minor, acceptance can be refused.
If the wall is stained after painting or the roof is leaking after re-roofing, acceptance may be justified and refused. It is also recognized in case law that several insignificant defects viewed individually can constitute a significant deviation in the overall picture (OLG Hamburg, judgment of June 10, 2003 – 9 U 121/00).
This can e.g. This may be the case, for example, if the device has already been put into use and no significant defects have been reported within a reasonable inspection period. In addition, unconditional payment of the final invoice will usually have such an effect. If acceptance has previously been refused or significant defects have been reported, approval of the work cannot be assumed.
What should be emphasized is the contractor’s ability to bring about a fictitious acceptance (§ 640 Para. 2 BGB) by asking the customer to accept the goods within a reasonable period of time after completion. If the client subsequently does not refuse acceptance within the deadline, citing at least one defect, the work is deemed to have been accepted in accordance with legal regulations.
However, this consequence must be expressly stated in contracts with consumers.
Consequences of acceptance
The transfer of risk occurs upon acceptance. The entrepreneur is then no longer liable for any accidental deterioration of the item. In addition, acceptance of the work is a prerequisite for the payment to be due.
The statute of limitations for claims for defects also begins with acceptance. However, such claims can be excluded if known defects were not reserved during acceptance. For these reasons, these must be recorded when declaring acceptance. Last but not least, the purchaser also bears the burden of proof for the existence of alleged defects from the declaration of acceptance.
The declaration of acceptance should therefore not be done carelessly. The legal regulations can often have been modified by a contractual agreement, which is why an individual case assessment must always be carried out. Our specialist lawyers for construction and architectural law will be happy to provide you with advice on this matter.
YOUR CONTACT PERSON FOR ALL ABOUT LAW
Roman Henn. Lawyer, business mediator.
2024-03-01 07:59:17
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