Kate Playgrouns Online

what must be considered in the final acceptance

What is in building law and contract law respects the loss? It is a turning point in the construction activities.


first With the decline in the construction period ends, so it is therefore also
a completion message.

second With the decrease in the risk passes to the owners of the
result, the burden of proof reverses. (see VOB / B
§ 12 paragraph 6). This means after collection, the building owner, for
not listed in the acceptance report defects and hidden
; prove defects, who caused a specific defect.

third With the decline in the period of limitation of warranty,
means after the acceptance of any defects
warranty defects before it was fulfillment of deficiencies.

The limitation period is interrupted

a) VOB contracts by detectable defects in writing within the period

b) BGB contracts by court order, request for judicial
evidence or action is brought within the time limit
.


4th From the decrease leitet sich eine Zahlungsverpflichtung entsprechend
    der vertraglichen Vereinbarungen ab.


5. Die Abnahme ist reglementiert:

    a) Im BGB - der Kaufsache § 433/448 - des Werkes § 640/646

    b) in der VOB/B § 12


6. Besonderheiten:

    Zu unterscheiden sind die

    - förmliche Abnahme mit schriftlichem Protokoll gemäß
       VOB / B § 12 No. 4 / 1

- notional acceptance by putting / Inbenutzungnahme
VOB / B § 12 No. 5 / 1


; With the acceptance, no reservations to submit to obtain the consent
claims for:

- already known defects

- Penalty if agreed

The decrease is a unilateral declaration of the owner if the contractor
not signed the acceptance certificate, the
without any relevance. The client should then send the records to be provided
or detectable post.


to acceptance of the contractor to protect its own performance.


Peter Wohlfarth
expert for damage to buildings

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Causes insulation thick air?

The answer is: No! But still, even in expert circles, holds the mistaken belief that a house with modern insulation can not breathe. That's not true! For a building wall - Whether with or without thermal insulation - must be air tight even (DIN 4108) Thermal insulation in buildings). Only 2 percent of the air escape through the wall. against poor air quality that is is only one thing: air. Just
enmal two percent of the air humidity can diffuse across the wall. The remaining 98 percent must be paid via the ventilation behavior.
According to DIN 4108, it even aim that a wall is air tight .. For each leakage means that the heat and is thus lost the power over the walls. At today's energy prices can be, but no longer afford to heat the neighborhood.
The Construction Technology has indeed in recent decades changed - we use our behavior, however, often not. High energy costs tempt little heat, and revealed, is rarely still, because you do not want the insulated warm house to cool down. Previously window or roof trusses were still many "loopholes" through which the wind whistled at times. Here was an unwanted circulation, due to the current energy prices do no one can or wants more.

Peter Wohlfarth
expert for damage to buildings

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News from Brussels

Given a rate of 99% defective erected new buildings is the force in Germany and 5-year warranty period in Area of \u200b\u200bthe building is a recognized standard for decades. Defects in new buildings are often visible only after years. The current decreased in the EC discussed the draft directive, the warranty period of two years. The distribution of liability between the different producers rested with builders hard:
Whether a water damage was caused by the use of false material or by the faulty installation, experts provide regular fixed during the court proceedings. But the builder must specify in advance the future even if he sued the producers of the damaged material, or the craftsman, he will be burdened with de facto research for the cause of the error.

Peter Wohlfarth
expert for damage to buildings