Construction Defect Demand Letter Template for Germany

The Construction Defect Demand Letter is a critical document used when construction work has been completed but defects have been discovered. Under German law, particularly the German Civil Code (BGB), property owners and clients have specific rights regarding construction defects, including the right to demand remediation. This document formally initiates the legal process of demanding repairs or corrections, typically following the discovery of defects during or after construction work. It must be carefully drafted to include all legally required elements, such as detailed defect descriptions, reference to contract terms, specific demands for remedy, and reasonable deadlines. The letter serves both as a formal notice and as documentation of the claim, potentially becoming important evidence if legal proceedings become necessary. Proper timing of this document is crucial, as German law sets specific limitation periods for construction defect claims.

1. Sender Details: Full name, address, and contact information of the sender/claimant

2. Recipient Details: Full name, address of the contractor/construction company

3. Date and Reference: Current date and any relevant reference numbers (e.g., contract number, project number)

4. Subject Line: Clear identification as a Construction Defect Notice (Mängelrüge)

5. Project Identification: Details of the construction project, including address and contract date

6. Defect Description: Detailed description of each construction defect, when it was discovered, and its impact

7. Legal Basis: Reference to relevant sections of BGB and contract terms that establish the contractor's liability

8. Demand Statement: Clear statement of demands including repair, timeline, and consequences of non-compliance

9. Deadline: Specific deadline for response and remedy of defects (typically 2-4 weeks)

10. Closing: Formal closing, signature block, and indication of attachments