INFORMATION ON CLARIFICATION OF DEFECTS
18.02.2013
Suppose the contractor does not carry out his work in accordance with the contract and defects arise. In this case, it seems clear that the client can withhold his performance until the work is remedied.
But what if the contractor is ready to make improvements immediately - but the customer makes these dependent on conditions that affect the type, extent and implementation of the improvement? According to the Supreme Court, the customer can demand improvements in the event of defects, but has no right to influence the circumstances of the improvement or to set conditions for this, such as payment of counterclaims or submission of a remediation plan including review by the expert. Rather, the contractor is free to carry out the improvement to the best of his knowledge, without having to take into account unjustified objections from the customer. If the customer nevertheless sets unjustified conditions, he does not lose his right to improvement, but he does lose his right of retention or the defense of improperly fulfilled contract and would therefore have to pay the contract fee despite the work being carried out poorly.