the new construction contract law is now here
The consumers have the right to demand changes to the building, divergent from the construction contract, if this is reasonable for the building contractor (§650 b BGB). Since a property is used for a lifetime, alterations to buildings must be possible even after the contract has been concluded. In return, building contractors are entitled to compensation for the additional costs arising from the amendment (§650 c BGB), so that a balanced reconciliation of interests between the contracting parties is to be ensured.
In order to accelerate building court cases, specialised building chambers will be set up in the courts.
As a matter of principle, a craftsman can not only demand to replace new material, but also the installation and removal costs, from the building material supplier, whose defective material he has installed with his customer. It also covers instances where deficient material has been installed (not installed). If, for example, a painter uses a defective colour, he can demand the costs of the repainting (paragraph 439 BGB).
However, building material traders can exclude this liability for installation and removal costs in case of material errors via standard business conditions. If, therefore, the building material trader insists on this exclusion of liability in his standard business conditions, the craftsman has to go behind his legitimate claim in lengthy and expensive court cases and try to convince a court that such an exclusion of liability is unreasonable and for this reason ineffective.
In the future, the craftsman and not the supplier of the defective material as initially planned may decide whether he or the supplier of the defective material undertakes the disassembly of this defective product and the installation of defect-free materials (paragraph 439 BGB).
Source: Pressemitteilung SPD Bundestagsfraktion Nr. 66, 16. Februar 2017
Published on www.arge-baurecht.com