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Building damage, statute of limitations

July 2, 2009 | 30,00 EUR | answered by Dr. Lars Nozar

A construction company accidentally removed a boundary marker while working on a wall on our property. The contractor was working on our behalf, but the damage was caused by a mistake of the company. We pointed out the damage to the contractor at the time, but did not explicitly demand restoration. The work was carried out in January 2006.
Now that a (new) neighbor is requesting the replacement of the boundary marker, we have asked the company in April to cover the costs.
The company does not deny causing the damage, but believes that our claim is time-barred.
Is it correct that we have no claims against the company due to the statute of limitations?

Sincerely,

Gottfried Unden

Dr. Lars Nozar

Hello,
there is no building damage in the original sense, as the work is fine.
This is a claim for damages arising from tort. Namely the damage to the boundary stone.
The limitation period begins at the end of the year of damage 2006. The limitation period is three years. Therefore, the limitation period ends on 31.12.2009.

See §§ 194 et seq. of the German Civil Code.

Therefore, you should enforce "your right" if necessary with legal assistance.
I hope I have been able to help and wish you a nice day.