Decision of the Building Chamber of the Munich Higher Regional Court of March 27, 2020 - File No. 20 U 4425/19 Bau -
In its decision of March 27, 2020 (20 U 4425/19), the Munich Higher Regional Court ruled that it is not sufficient for contractors to limit themselves solely to the generally accepted rules of technology and compliance with them during construction. This applies at least if, in addition, a quality agreement has been made. If the work produced - despite compliance with the recognized rules of technology - does not meet the requirements resulting from the agreed quality, the work as a whole is defective.
The case was based on the following facts:
The plaintiff (homeowner) commissioned the defendant (craft company) to install a solar thermal system on his property. The express wish of the plaintiff - and ultimately also the subject of the quality agreement - was that the solar thermal system offered by the defendant should serve to optimize the already existing heating system from an ecological point of view. The existing system was therefore to be "ecologically optimized". The defendant craft company then explained to the plaintiff that it had achieved good ecological results with the use of instantaneous water heaters. The plaintiff then agreed to the installation of an instantaneous water heater.