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