Contractual modifications of liability under the warranty for physical defects in construction works contracts in professional trade between entrepreneurs

Abstract

The article presented here describes the key issues in the possibility of modifying warranty liability in construction contracts between entrepreneurs in the course of their business. Construction contracts are governed by the warranty provisions on sales. The parties can amend the code regulations with the limitation arising from the principle of freedom of contract. The article presents the most common modifications of warranty provisions in professional trade. These include the limitation or exclusion of the contractor’s liability, the determination of the moment or event from which the warranty period runs, the duration of the warranty period, the powers and obligations of the parties, including the investor’s rights to claim removal of defects, reduction of remuneration and withdrawal from the contract, as well as the contractor’s counter-rights. In addition, the parties may include in the contract additional duties or rights such as substitute performance, suspension of the warranty period, deadlines for notification or removal of defects. The article indicates what warranty regulations should be included in a construction contract and how modifications may affect the safeguarding of the parties’ interests.