Building acceptance is a crucial milestone in any construction project, as it marks the transfer of legal responsibility for the building from the construction company to the client. This moment requires great care, as overlooking defects can have serious financial and legal consequences. It is therefore essential that the client does not carry out the acceptance procedure under pressure and takes sufficient time to thoroughly check all aspects of the construction.
During acceptance, all services should be checked in accordance with the construction contract. It is customary for defects to be documented and deadlines set for their rectification. As a rule, part of the final payment is withheld until all defects have been rectified. This protects the client from the risk of paying for defective work. It is important to consult an independent expert to ensure an objective assessment of the construction quality. The client should insist that all relevant defects are recorded in the acceptance report and that clear agreements are made to rectify the defects.
This is particularly important as the building acceptance is also crucial from a legal perspective. This is because the burden of proof is reversed once the building has been accepted. This means that the client is now responsible for discovering and proving defects. In addition, the five-year warranty period starts with the acceptance. During this period, claims for construction defects can be asserted.
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