Builders' legal protection insurance

To put it plainly, both of them screwed up, and I could imagine that it’s not really clear who is responsible for what, so the two might play ping-pong and as the client you not only have the defect but also two parties blaming each other.

I just did some research because I was interested myself. I’ll try to explain it in my own words. This does not constitute legal advice.

Primarily, the defect was caused by the construction company. Therefore, you have a claim for remedial action/replacement against the construction company.

Depending on the contract with the expert, the expert might have been able/required to detect the defect or not. If they did not detect it, the expert’s report might be flawed. If the error in the report is recognized, the expert initially has a right to subsequent performance to properly create the report.

If the building was already constructed with defects, but the construction company fixes the damage, then you have not suffered consequential damage due to the flawed report. Possibly, only the costs for creating the expert’s report could be claimed as damages here because subsequent performance is likely no longer possible.

If, however, you do not receive compensation/subsequent performance from the construction company, for example because they are insolvent, only then might you suffer the (consequential) damage caused by the flawed report and you would then have a claim for damages against the expert.

Also note the statute of limitations against the expert.

You watch too much private TV

That is a nasty accusation. I stumbled across one of those pseudo house-building documentaries for 5 minutes just once.
A woman with 5 kids from 4 fathers and 3 loans and a 200-year-old half-timbered house suddenly can’t pay any bills anymore... that was enough for me, off the box again.


That’s interesting, thanks. Expert witness seems to be a cool job. If you mess up once, it seems to have no consequences.

You can't expect to suddenly "insure" your entire construction with the expert report, which maybe costs 300€/report.

The question that keeps swirling in the back of my mind regarding the whole topic is rather whether one needs an expert or not. It all seems a bit vague to me.

The expert is the only one who is on your side, who can discuss with the BU on equal footing, who has the DIN standards in mind, who sees things that you as a layperson could never see, who really knows what is still missing in the construction and performance description, etc.. I am glad that we had one.

small addition:

The advantage compared to legal expenses insurance is that the expert usually uncovers the defects before construction continues or at times when dismantling is still possible. Legal expenses insurance may cover the attorney and court costs, but not the mental strain that comes with a legal process.