Liability for Work: What to Do?

Questioner

Hello, 2 years ago I performed work in a sports canteen, the work was clearly described and clearly put on paper. Now 2 years later there seems to be a defect and they hold me liable for the costs they have to make so that they get insurance coverage. Is this possible?

Lawyer

A notice of liability can of course always be sent, the question is whether you are liable for defects in the work you have carried out. Whether you are liable depends on whether the defect was already visible upon delivery of your work. If so, you are no longer liable after delivery. If the defect was not visible, you remain liable for hidden defects for 20 years. However, after the client has protested to you, he must take action within two years. His claims expire two years after the client has protested.

Lawyer

If you complain too late, you can no longer be held liable for anything, the law states. A complaint must be made within a reasonable period... from the date of discovery of the alleged defect. A second defense is that you have not failed. That will have to be proven first. Holding you liable with a letter is always possible, whether it will be successful is another matter. That depends on the specific accusation and the specific circumstances. If the financial interest is large, I advise sending a rejection with a lawyer. If it is a limited interest, then state in writing (with proof of sending) that you reject the accusations as incorrect and wait.