Monitor Prawniczy

no. 7/2015

Statutory warranty for defects in a construction work contract

Wojciech Białończyk
Doktorant w Katedrze Prawa Gospodarczego i Handlowego WPiA Uniwersytetu Śląskiego w Katowicach, Legislator w Biurze Legislacyjnym Kancelarii Sejmu
Abstract

The article broadly addresses the issues of building contractor’s statutory warranty for defects in the construction work contract, following the amendments to the Civil Code introduced under the Consumer Rights Act of 30 May 2014. The article discusses preconditions for statutory warranty for defects, types of defects in construction works, the rights of an investor and the duties of a building contractor in this respect, including the claims afforded to the investor on those grounds (claim to rectify the defects, right to reduce remuneration, right to withdraw from a contract). The manner of establishing the period of statutory warranty contingent upon building contractor’s object of performance is discussed along with the deadlines to claim the rights arising therefrom. Moreover, the article tackles the principles of subcontractors’ liability with regard to statutory warranty as well as the differences between the old and the new regulations pertaining thereto.