Inspection and warning obligation

In Austria, the obligation to test and warn is an obligation of contractors for construction work . The obligation laid down in ÖNORM B 2110 (General Contractual Provisions for Construction Services - Work Contract Standard ) states that an entrepreneur has to check the execution documents, instructions, materials or preliminary work made available by the client. The client must be informed in writing of any defects or expected damage. If the entrepreneur fulfills his obligation to check and warn, and the client instructs the unchanged version or does not make a decision, the entrepreneur is released from his liability and warranty in the event of damage .

A warning obligation would be triggered, for example, if a building tradesman is to lay tiles that are not suitable as flooring due to their abrasion resistance , or if a roofer is asked to cover with faulty roof tiles.

The obligation to check and warn does not apply if there are “defects which require extensive, technically difficult or cost-intensive examinations or the involvement of special experts”. An example of this is the review of a complex static calculation or a technical system, the functionality of which cannot be checked by the contractor. In this case, the client must be informed in writing that a test was not carried out.