Liability for defects

The rights of the employer against the contractor due to defects in the construction extend to all subsequent acquirers of the building or its part, provided that the subsequent acquirers do not exceed the time limit for notification and filing a lawsuit, but instead are subject to the previous time limit.
The contractor is responsible for defects in the construction that affect its solidity, if such defects become apparent within ten years from the delivery and acceptance of the works. The contractor is also liable for defects in the land on which the construction is erected, which become apparent within ten years from the delivery and acceptance of the works unless a specialized organization has provided an expert opinion stating that the land is suitable for construction, and during the construction, no circumstances have arisen that cast doubt on the validity of the expert opinion.
The employer or another acquirer is obligated to notify the contractor and the designer of the defects within a period of six months from the date when the defect is discovered, otherwise, they lose the right to invoke it. The right of the employer or another acquirer against the contractor or the designer based on their liability for defects ceases after one year from the day when the employer or the acquirer informed the designer or the contractor about the defect.
The contractor is not relieved of liability if the damage occurred due to their compliance with the employer’s instructions during the execution of certain works. However, if the contractor warned the employer about the danger of damage before the execution of a specific work at the employer’s request, their liability is reduced, and based on the circumstances of the specific case, it may even be excluded.
When it comes to liability for damages, both the contractor and the designer are responsible according to the extent of their fault. The designer, who has prepared the construction project and has been entrusted with the supervision of the planned works, is also responsible for defects that arise from the contractor’s fault if they could have detected them through normal and reasonable supervision of the works. However, the designer has the right to demand appropriate compensation from the contractor. The contractor, who has compensated for damages resulting from defects in the executed works, has the right to claim compensation from the designer to the extent that the defects in the executed works stem from defects in the project.