A legal evaluation of leakages – Arguments beyond building physics

Purpose of the work

Leakages in the building envelope may cause severe damage to a building and thus inevitably become an issue not only for building physics, but also for the law. In the case of such legal disputes, the different perspectives of scientists and lawyers frequently turn out to be a problem. This is further acerbated by the different levels of impact, for which airtightness is structurally relevant (thermal insulation, moisture protection, sound protection, fire protection, comfort level, absence of odors, absence of pollutants, hygiene, and ventilation systems). This contribution is to sensitize building physicists and professionals in the building industry to the legal evaluation of leakages and to promote cooperation between different professions.

Method of Approach

The analysis of the current evaluation of leakages under civil law by German courts is the starting point for determining typical legal issues in disputes related to airtightness.

Content of the contribution

The presentation shows and explains six different criteria that are of particular legal importance in disputes regarding airtightness:

1. Evaluation of leakages in the contract and the specifications.
2. Significance of leakages for the certificate required by the German Energy Savings Regulation or credit conditions.
3. Leakage as a direct and objective, negative impact on usability.
4. Risk of consequential damage caused by leakages.
5. Contractors may avoid leakages. Failure to report concerns.
6. Expense and effort invested in eliminating leakages.

All these criteria may become of utmost legal importance, however, this does not apply to all airtightness disputes equally. The contribution will explain how it can be detected early on, which of these six criteria are of particular legal importance in a specific context. This also makes it possible to arrange for the specific scientific or legal detailed analyses in an early phase, which are definitely required to resolve an airtightness dispute appropriately.

Results and assessment of their significance

From a legal point of view, there is no generally valid, scientific evaluation of leakages. The legal scale for evaluation strongly depends on each contractual and social context. Considering the six evaluation criteria presented is of help, because in building practice, they allow for a relatively easy and useful combination of typical legal and typical scientific aspects. In the table published as the “Hohwachter Leakage Gauge“, the criteria can even be correlated in a form evaluated by their importance.

Conclusions

The presentation pursues different lines of thought, which could particularly facilitate the settlement of airtightness disputes out of court as it is called for in practice.

Note

For more information, please contact the reference author at:  koepcke.u@t-online.de