LEXIKON

The plaintiff carried out terrace renovation work on behalf of the defendant, but the work was defective: an emergency overflow was not installed, the hole was not properly filled with foam, and the drain was not constructed in accordance with ÖNORM standards. The plaintiff sought payment of the outstanding wages from the defendant. The defendant essentially argued that the remuneration for the work was not yet due due to the existing defects. However, any warranty claims had already expired at that point in time. In its decision of June 24, 2025, 4 Ob 78/25m (www.ris.bka.gv.at/jus), the Supreme Court stated the following in this regard: The defendant, who ordered the work, is entitled to withhold the requested remuneration for the work if, as in the present case, he is legally entitled to a claim for improvement and he requests that the defects be remedied. If the transferor is at fault for the defect, as in the present case, the transferee is also entitled to a claim for damages for the rectification of these defects, irrespective of any warranty claims. The plaintiff’s remuneration for the work could therefore be withheld, which is why the action had to be dismissed.