The contractor is generally responsible for handing over defect free work to the employer and must rectify any defects caused by non-contractual performance. However, sometimes only ‘visual defects’ occur during the construction of buildings, such as cracks, scratches, unevenness, dirt or deviations that are largely inconspicuous when viewed impartially and
Bank guarantees issued in connection with construction contracts sometimes contain ambiguous wording and do not state clearly enough the purpose for which they were issued (e.g. advance payment or performance bond). Under Austrian law, if the wording of the guarantee is not clear, the intention of the parties must also