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Construction Law - liability without fee

It is very common that architects and engineers working either by themselves without fee or design contracts to subcontract, for which no compensation will be paid. Also be agreed upon among acquaintances smaller standard fees as a favor. Often from personal motives are supposedly awarded small contracts or requests, even without the agreement of a planning fee or inherited. Whether it is also accepted for errors of planning without fee liability, the subject of a series of court decisions.

In the Higher Regional Court (OLG) Karlsruhe (15 U 243/08) case decided an engineer to design a house installation was commissioned. The engineer was planning galvanized water pipes for the construction of a hotel after he had confirmed the suitability of a laboratory on request. Based on personal acquaintance, the laboratory had determined the engineer for the information no fee. After installation of the galvanized pipes there were signs of corrosion (pitting) and subsequently to significant remedial costs in five-figure sum. is taken as the engineer of the bad planning in claim this was also the laboratory to the high cost of the pitting damage involved.

OLG Karlsruhe ordered the lab to be replaced a part of the damage. The objection that the information was given without a fee, let the court do not apply. Who in the building at considerable economic significance in planning, executing and it was only in the form of technical information, is liable under the principles of factory contractual liability. Although the present case, the Court of Appeals saw a significant contributory negligence of the engineer, so that the laboratory is only part of the damages have to bear. However, the liability is normally in full and without the opportunity for a kindness to invoke.

The author of this paper is a lawyer resentment Oliver, partner at the law firm Arens & resentment from Oldenburg. The 44-year-old lawyer is a specialist in construction law and architecture law and lawyer specializing in rental and property law with other practice areas in contract and employment law. Attorney grievance is also general counsel of the National Association of German Professional Drivers Association and North lecturer at the University of Jade, Fachhochschule Wilhelmshaven / Oldenburg / / Elsfleth, Faculty of Engineering (www.ra-arens.de).

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statute of limitations on construction and engineering services

defects of construction or planning services result in warranty claims. This warranty claims are subject to limitation. If the claim is too late or not made in court, he is no longer enforceable.

The limitation period is three years. The Construction Law of the Law requires, however, different deadlines. Services in the construction sector limitation period of five years for other building work services without regard the deadline is only two years. The five-year period applies to § 634 a point 2 BGB for buildings and also guided by planning and / or monitoring services. The limitation period begins on the day of approval. After five years, the planner from liability and any claim for damages can not be enforced.

whether the shorter or longer period is to be decided depending on the reference to a building. Work of a surveyor, although structure-related, however, the Higher Regional Court (OLG) Cologne adopted a ruling From 20.01.2010 (11 U 3710) only a two-year statute of limitations. The client had defects in the survey said the engineer of court and taken only after more than two years to complete. Both the district court of first instance and the Court of Appeals have rejected the application because of the lapse.

The appellate court did the work on estimating the distribution network of the surveyor as not to work on a structure. They were not for the production of structure self-serving, especially the functioning of the lines depends on the property not of the - perhaps faulty - from performance of the engineer, but any deficiencies were so alone in the drawing and surveying, and had not in the building itself embodies.

not only the duration but also the beginning and end of the limitation of warranty rights are set out in contracts for work differently. It should be noted that the statute of limitations does not begin until the end of the year, as the limitation period, but already on Abnahmetag date and accurate expire after two or five years.

The author of this paper is a lawyer resentment Oliver, partner at the law firm Arens And resentment from Oldenburg. The 44-year-old lawyer is a specialist in construction law and architecture law and lawyer specializing in rental and property law with other practice areas in contract and employment law. Attorney grievance is also general counsel of the National Association of German Professional Drivers Association and North lecturer at the University of Jade, Fachhochschule Wilhelmshaven / Oldenburg / / Elsfleth, Faculty of Engineering (www.ra-arens.de).

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advance payment obligation of the craftsman - cash only free from defects

money for goods - that takes place usually the exchange of services with the purchase. These statutory Processing train to train looks at the work contract is completely different. Here, the law provides a wholesale service obligation of the contractor or craftsman. Here we have: with the complete craft performance, it is the agreed remuneration.

Often the input my duty of craftsmen with their view after complete performance of the work will also automatically pay due. But this only applies if the building or the craft performance is faultless and removed.

With the decrease in performance is due compensation for work, begins the defects liability limitation and now the owner / principal for evidentiary burden of any defects. But what happens if they are already under construction prior to acceptance and shortcomings of the craftsmen not this fixed.

In such a case, the district court of Oldenburg had to deal with. The house owner had a craftsman responsible in particular for the creation and installation of marble stairs in their owner-occupied house. During installation, the building owner were concerns about the attachment of the stairs. This concern was confirmed by a witness turned on by it, not however eliminated the shortcomings of the craftsmen. On the contrary, this approval has not called for now despite the compensation for work and said he would do do no more, as long as he do not get paid. The building owner sued for an advance of corrective and payment of their out of court experts' fees incurred.

The Regional Court Oldenburg (ref. 5 O 327/09) was the owner's rights. Even without removing the client can make its warranty claim. Therefore, the artisans here also owe the costs incurred for the removal of the deficiencies of the stairs. Emphasized, the district court pointed out that the entrepreneur or artisan is obliged to perform and he, therefore, the implementation of the required remedial measures not subject to the payment of his bill could make. The costs of the assessment was replaced the building owner and the court saw this as necessary expenses that were part of the preparation of remedy and rectify any errors. Costs for the investigation of a defect and for finding a solution among the necessary expenses of the necessary remedial measures and are therefore be replaced.

The author of this paper is a lawyer resentment Oliver, partner at the law firm Arens & resentment from Oldenburg. The 44-year-old lawyer is a specialist in construction law and architecture law and lawyer specializing in Rental and condominium law with other practice areas in contract and employment law. Attorney grievance is also a lecturer at the University of Jade, Fachhochschule Wilhelmshaven / Oldenburg / / Elsfleth, Faculty of Engineering (www.ra-arens.de).

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Solar lift Tenna

again Time is the project Solar lift Tenna a topic in the media. So at the 28th December 2010 NZZ Online. The great interest pleased again and again and will encourage us in doing our http://www.nzz.ch/nachrichten/wirtschaft/aktuell/bergbahnen_solarstrom_tenna_solarskilift_1.8822268.html

beginning of the year we had another receive financial commitment. Smooth 40,000 francs. This pleases huge! Soon, the documents for the construction data are ready. So the story continues in the new year, blow by blow ... And we hope for an enjoyable end to a great opening in December 2o11.

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sorcery and witchcraft reality

Once our surveyor has received the surprising information about the Innputz, he examined it. At least he wanted to. But Here the physics comes into play:

1. interior plaster is added to certain parts of water, at least during the processing
2. water has to freeze the property from 0 ° C

Since linger outside temperatures of recent weeks consistently below freezing, is the interior plaster frozen at least on the outside walls. If one puts this in perspective, the result is a beautiful picture - the sparkle and glitter Eiskritalle quite wonderful. But our
Surveyors found this not so pretty - he can not inspect the interior plaster concluded. Among others, there is the risk that the plaster is damaged.
What we have already seen that the flatness the interior plaster is an example of the best quality not necessarily. Although the design for the most part within tolerances, but still rather at the maximum allowable for the possible deviation from the "level". Already, some reworking is evident.
'll see what the final evaluation after thawing, hopefully results with intact interior plaster.