DiKE Die Tragung der Nachbesserungskosten im Bauwerkvertrag

The author addresses the issue of cost-bearing for the rectification of defects in construction contracts. The costs associated with rectification are described in detail and in a practical manner, and the obligation to bear these costs is thoroughly discussed. Furthermore, the author examines cases where the contractor is only partially responsible for the rectification costs. On one hand, the question of the client's shared responsibility and their obligation to contribute to costs is clarified. On the other hand, special attention is given to the issue of the excessiveness of rectification costs and the client's possibility of rectification with a corresponding cost contribution. Additionally, a minority opinion in the literature is presented, which argues that the right to rectification exists even in cases of excessive rectification costs, although the contractor has a right to refuse performance. This is contrasted with the prevailing view that no right to rectification exists in the case of excessive costs. Finally, the author addresses questions of benefit compensation and unavoidable costs, critically examining the extent to which the client must compensate for benefits received and whether the client must contribute to costs that would have been incurred anyway.