Construction Defects and Water Leakage: What You Should Know

In construction, the contractor is responsible for the structural integrity of the building, which also includes preventing water leakage, construction defects, and other deficiencies. Case law is quite extensive and primarily emphasizes the importance of deadlines for asserting the rights of clients in cases of construction defects:

• Contractor’s liability period: 10 years from the handover or acceptance of the works.

• Deadline for reporting defects: The client must report defects in a timely manner, generally within 6 months from the date the defect is discovered.

• Notice of defect: The contractor must be notified in writing, describing the defect and inviting the contractor to inspect and rectify it.

• Deadline for legal enforcement of a defect claim: 1 year from the date the contractor is notified of the defect.

• Warranty liability: Defects covered by warranty must be claimed within the warranty period.

If the client delays reporting, they may lose the right to have the defect corrected or to claim compensation; however, case law often considers circumstances that prevented immediate reporting.

Key point: Timely, proper reporting and documentation of defects are essential for asserting the right to repair or compensation.