The client is obliged to inspect the completed work as soon as possible under normal circumstances and to immediately notify the contractor of any defects found. If the client, upon the contractor’s request to inspect and accept the completed work, fails to do so without a justified reason, it is considered that the work has been accepted. After the inspection and acceptance of the completed work, the contractor is no longer liable for defects that could have been noticed during a standard inspection unless the contractor was aware of them but did not disclose them to the client.²⁶⁵

If a defect appears later that could not have been discovered during a normal inspection, the client can still rely on it, provided that they notify the contractor as soon as possible, but no later than one month after the defect was discovered. After two years from the acceptance of the completed work, the client can no longer claim defects.

A client who has correctly notified the contractor of a defect in the completed work may demand that the contractor rectify the defect within a reasonable period. The client is also entitled to compensation for any damages incurred as a result. If rectifying the defect would require excessive costs, the contractor may refuse to do so, but in such a case, the client has the right to either reduce the payment or terminate the contract.²⁶⁶

A contract for work can be terminated at the client’s discretion at any time before the ordered work is completed. The client may withdraw from the contract whenever they wish; however, in this case, they must pay the contractor the agreed-upon compensation, reduced by the costs that the contractor did not incur but would have if the contract had not been terminated, as well as by what the contractor earned elsewhere or intentionally chose not to earn.²⁶⁷

Exercise:

1. a) A, a sole proprietor, and B agree that A will lay ceramic tiles in B’s kitchen. Payment was agreed upon based on A’s calculation at a price of €300. B provided all the necessary materials, including the adhesive. Before starting the tiling, A did not notice or warn B that the adhesive was unsuitable for the specific tiles. A did not properly and neatly finish the last two rows of tiles at the door; some edges were even missing.

• What type of contract did A and B enter into?
• What is the essential obligation undertaken by A under the contract, and what is B’s obligation (define for each party)?

b) After completing the work, A realised that the tiling area was larger than initially estimated.

• Can A demand additional payment, and why (or why not)?
• What if a fixed price had been agreed upon?

c) Due to the unsuitable adhesive, the tiles did not adhere as they should, and they began to detach immediately after being laid. B believes that A is responsible for this. A, however, denies responsibility, arguing that B provided the adhesive.

• Who is right?
• What claims does B have against A for improperly laid tiles at the door?
• Could A have delegated the work to C? Who would be responsible to B for any errors made by C in laying the tiles?

d) A delegates the tiling work for B to C. A does not pay C for the completed work.

Can C demand payment for the completed work from B?²⁶⁸