What is a Defect Notice?
A defect notice (German: Mängelrüge) is the formal notification of a defect to the contractor, necessary to assert warranty claims and preserve deadlines.
Content
Description of the defect, location and extent, deadline for rectification, documentation (photos, protocols), and consequences of non-rectification.
Deadlines
VOB/B contracts: immediately. BGB works contracts: within the limitation period. Commercial purchase (HGB): immediately after inspection.
Distinction from Procurement Complaint
The Mängelrüge concerns defects in performance (after execution), while the vergaberechtliche Rüge (§ 160(3) GWB) concerns procurement law violations during the procedure.
Consequences of Omission
VOB/B: loss of defect claims for obvious defects. HGB: goods deemed accepted. BGB: no complaint obligation, but limitation applies.
Practical Tip
Timely defect notices are essential to preserve your rights. Patterno helps you efficiently identify and monitor your public contracts.