GenerallyLiability of the tradesman for hidden defects in previous construction work – limits of the duty to inspect
Liability of the tradesman for hidden defects in previous construction work – limits of the duty to inspect
February 11, 2026
The plaintiffs commissioned a roofing company to replace wooden boards at the gable end (the side edge of the roof) of their house. The work was carried out professionally. Subsequently, however, rainwater appeared on the new gable end boards. The cause was not the work of the defendant company, but rather a defective tile covering already present when the roof was constructed, installed by a third-party contractor. The plaintiffs argued that the roofer should have recognized these defects and informed them. They therefore demanded a refund of the contract price of approximately €3,000.
The regional court clarified that a tradesman must, in principle, also inspect the preliminary work of third parties if their defects could impair the functionality of his own work. The contractor is not only obligated to provide a technically flawless individual service, but a fully functional project as a whole. However, liability presupposes that the pre-existing defect was recognizable with the exercise of professional diligence. According to an expert assessment, this was not the case here. From a professional perspective, the visible water stains indicated only a leak in the gable area, which the defendant had properly repaired. He was not required to detect any further leakage in the tile roof.
The lawsuit was therefore dismissed. The ruling clarifies the limits of tradespeople's duty to inspect and advise regarding preliminary work carried out by third parties. Liability exists only in the case of readily apparent defects.
The specialist news in the information center is provided to you by the editorial team for Tax & Law at DATEV eG.
Liability of the tradesman for hidden defects in previous construction work – limits of the duty to inspect
The plaintiffs commissioned a roofing company to replace wooden boards at the gable end (the side edge of the roof) of their house. The work was carried out professionally. Subsequently, however, rainwater appeared on the new gable end boards. The cause was not the work of the defendant company, but rather a defective tile covering already present when the roof was constructed, installed by a third-party contractor. The plaintiffs argued that the roofer should have recognized these defects and informed them. They therefore demanded a refund of the contract price of approximately €3,000.
The regional court clarified that a tradesman must, in principle, also inspect the preliminary work of third parties if their defects could impair the functionality of his own work. The contractor is not only obligated to provide a technically flawless individual service, but a fully functional project as a whole. However, liability presupposes that the pre-existing defect was recognizable with the exercise of professional diligence. According to an expert assessment, this was not the case here. From a professional perspective, the visible water stains indicated only a leak in the gable area, which the defendant had properly repaired. He was not required to detect any further leakage in the tile roof.
The lawsuit was therefore dismissed. The ruling clarifies the limits of tradespeople's duty to inspect and advise regarding preliminary work carried out by third parties. Liability exists only in the case of readily apparent defects.
The specialist news in the information center is provided to you by the editorial team for Tax & Law at DATEV eG.
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