The dream of owning your own home - Limitation period for claims for compensation for work - What applies?
To ensure that the dream of owning your own home does not turn into a nightmare, there are a few things to consider when building a house. In addition to construction defects and bankruptcy, the biggest risks when building a house include an explosion in costs. To avoid exceeding financial means, many builders opt for a flat rate.
This also entails risks for the building contractor. On the one hand, the building contractor bears the risk of cost overruns and, on the other hand, flat rates are subject to their own statute of limitations.
Parking spaces and garages - Parking spaces must be provided for buildings where access and exit traffic is to be expected
The obligation to create parking spaces for vehicles and garages arises from Section 89 of the Styrian Building Act when constructing buildings where access and exit traffic is to be expected.
This obligation can also arise due to changes in the intended use if this results in an increased need for parking spaces (e.g. when changing from residential use to office use). The law requires, for example, at least one parking space per residential unit in residential buildings, per 5 employees in office and administrative buildings, per 5 beds in hospitals, etc.
On the contractor’s obligations – Contractor’s duty to warn in the event of unsuitable preparatory work
During the construction or renovation of a building, several contractors are usually commissioned to provide work. They are usually forced to cooperate, either because they are constructing related or immediately adjacent trades or because their trades are based on the preliminary work of other contractors. The extent to which this obligation to cooperate extends in individual cases is often disputed and is therefore the subject of decisions by the highest courts.
Good Neighbourhood – Disturbing influences from neighbouring property – What to do?
Construction work on neighboring properties, as well as the industrial facilities located there, often pose a risk to one's own property. Depending on the legal classification of the associated emissions, those affected have various defense options at their disposal.
Direct supply lines to neighbouring land, e.g. in the form of waste water, are always prohibited according to § 364 Paragraph 2 ABGB. Indirect effects, e.g. smoke, gases, heat, smell, noise and vibration, are also prohibited if they exceed the usual level according to local conditions and impair the usual use of the property. To prevent these effects, land and apartment owners as well as those with property rights (lessees, tenants) have a right to injunction.
CONSTRUCTION: Current information on construction – repair costs under warranty
What is the legal situation if a consumer buys tiles from a business, installs them himself and after installation it turns out that the tiles have a defect that can only be remedied by completely replacing the tiles? Does the business have to bear the installation and removal costs under the warranty?
Until now, such installation and removal costs have been considered as consequential damages in the context of compensation. The prerequisite for this is that the contractor is at fault, which is usually difficult to prove.
CONSTRUCTION: Financial security during construction – bank guarantee wrongfully drawn – what to do?
To secure warranty claims, a retention is often agreed in the context of construction projects. This gives the client the right to retain a certain percentage of the final invoice amount for the duration of the warranty period. To replace the retention, the issuance of a bank guarantee is often agreed. This means that the contractor receives the full remuneration for the work without increasing the client's risk. In concrete terms, the contractor's bank undertakes to make payment without examining the legal situation as soon as the client calls on the bank guarantee.
CONSTRUCTION: Who bears the additional costs during construction – reimbursement of additional costs – obligation to report
When implementing a construction project, unforeseen difficulties and delays often arise. This article is intended to provide an insight into how to proceed in this situation and who has to bear any additional costs.
According to Section 1168 of the Austrian Civil Code (ABGB), the contractor is entitled to “additional costs” if additional services were caused by circumstances on the part of the client. The client’s sphere of responsibility includes, for example: delays in planning, changes in geological conditions, etc.
On the right to privacy – cameras – balancing of interests
In the case in question, the plaintiff operated a logistics and shipping company with around 200 employees, some of whom used a pond on a plot of land adjacent to the defendant's property during work breaks. Although the responsible authority regularly carried out noise measurements and the company had taken noise protection measures, the defendant felt disturbed by the noise from the operation. He therefore attached a functioning video camera near the property boundary, around 40 m from the pond, in order to independently record noise peaks in the form of sound recordings.
CONSTRUCTION: Current information on construction law. Construction compensation for improvement costs when carried out by the customer, repair of construction defects by a third party – who pays?
National warranty law is largely shaped by Union law, in particular the Consumer Goods Sales Directive (1999/44/EC). In implementing this directive, Section 932 Paragraphs 2 and 4 of the ABGB stipulates that the transferee has the option of repairing or replacing the goods (primary warranty remedies) and reducing the price or reversing the goods (secondary warranty remedies) as warranty remedies. The transferee can initially only demand that the transferor repair or replace the defective item. This should give the transferor a "second chance" to restore the contractually agreed condition.
If you want to use the sun – essential information on installing photovoltaic systems
National warranty law is largely shaped by Union law, in particular the Consumer Goods Sales Directive (1999/44/EC). In implementing this directive, Section 932 Paragraphs 2 and 4 of the ABGB stipulates that the transferee has the option of repairing or replacing the goods (primary warranty remedies) and reducing the price or reversing the goods (secondary warranty remedies) as warranty remedies. The transferee can initially only demand that the transferor repair or replace the defective item. This should give the transferor a "second chance" to restore the contractually agreed condition.