No usage disadvantages in spite of defective work: "new for old" deduction
> May 2015
The engineer against whom the claim was asserted had planned and monitored the construction of a production hall. Before the end of the expiration period, it was found that no sufficiently pressure-resistant heat insulation had been placed on the flat roof of the production hall. In the longer term, this would have caused dents that could have reduced the service life of the roof to form.
The OLG Naumburg recently decided that a "new for old" deduction should be considered here, since the client did not have to suffer any usage disadvantages. The normative service life of the flat roof should be 30 years. Since the roof had already been used without limitation for 10 years, the court found a "new for old" deduction at 1/3 to be appropriate. Basis "new for old":
When determining the amount of the "new for old" deduction, the OLG Naumburg put the normative service life of the defect-free work at a ratio to the actual usage duration of the defective work. The "new for old" deduction is only to be applied if the defect only has an effect on the building at a later time. There will therefore be no "new for old" deduction if the client/injured party was able to use the defective building with limitations only and the "delayed" service life of the building only resulted from delayed removal of defects.
Result:
The injured party is not to receive any benefits from the damages paid by the violator that he would not have had if the work had been free of defects.