Botched construction work: demanding rectification from the tradesperson

If a tradesperson worked defectively, you as the client have warranty rights. The first step is always the defect notice with the setting of a deadline for rectification. Only after that do further rights come into consideration, such as substitute performance (at their expense), reduction or, after an unsuccessful deadline, withdrawal.

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Your chances of getting your money back

In the case of a defective work performance you can demand supplementary performance (§ 635 BGB). If the tradesperson remains inactive after the deadline expires, you may have the defect remedied elsewhere at their expense (substitute performance, § 637 BGB) or reduce the price.

For an advance on costs to remedy the defect you do not have to pay in advance; you can demand it from the tradesperson. The warranty for structures is generally five years.

What you should do now

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1. Document the defect precisely
Describe and photograph the defect specifically. Record what was agreed and how the result deviates.
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2. Defect notice with a deadline
Ask the tradesperson in writing for rectification and set a reasonable deadline.
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3. Escalate in case of inaction
After an unsuccessful deadline you can commission the remedy of the defect elsewhere and demand the costs, or reduce the work payment.
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4. Use an advance/retention
You can demand an advance for remedying the defect and retain a reasonable part of the work payment until it is remedied.

How to spot the scam

The tradesperson refers to 'usual tolerances', even though it was clearly botched.
The final invoice is to be paid in full even though defects are still open.
There is no reaction to the defect notice.

Frequently asked questions

Do I have to set the tradesperson a deadline?

Yes, as a rule first. You demand rectification with a reasonable deadline (§ 635 BGB). Only after an unsuccessful expiry can you have the defect remedied yourself, reduce the price or withdraw.

Can I commission the repair myself?

After an unsuccessful deadline yes: you may have the defect remedied by another business and demand the necessary costs from the original tradesperson (substitute performance, § 637 BGB), including an advance.

How long do I have a warranty?

For work performances on structures generally five years, for other works often two years. Within this period you must give notice of defects. Retain part of the work payment as long as defects are open.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.