Analysis of Defects in Residential Buildings Reported during the Warranty Period

Edyta Plebankiewicz,Jarosław Malara

doi:10.3390/app10176123

Abstract

The aim of the article is to present the results of preliminary research of the defects in residential buildings occurring during the warranty period. Due to the small amount of data, the research results cannot be generalized but allow for the formulation of research hypotheses that will be verified in future studies. The data collected included reports of defects in three multifamily residential buildings constructed by the developer in one of the big cities in Poland, which were then examined. For the examination of defects, statistical analysis was used, which revealed that more than half of the reports contained reasonable defects. The results of the preliminary research also indicate that, on the one hand, owners are very active in making warranty claims in the first three months from the date of commissioning, and, on the other hand, with time, the percentage of reasonable defects increases. In terms of the significance of defects, the largest percentage was significant defects. The results showed little activity on the part of property managers in the initial phase of the operation of the buildings, which is the opposite of that of apartment owners. Reports of faults in windows and door joinery, moisture, scratches on walls, and in the area of balconies and terraces are characterized by a relatively low number of cases reported in the first half of the year after the building is commissioned and a gradual increase in the subsequent warranty period. On the other hand, reports related to electrical installation defects are most frequent in the initial period of the warranty, but, with time, their number decreases.

Highlights

By concluding a contract of works, the contractor undertakes to hand over the facility provided for in the contract and the contracting authority to pay a specified remuneration
The aim of the article is to present the results of preliminary research of the defects in residential buildings occurring during the warranty period
Due to the small amount of data, the research results cannot be generalized but allow for the formulation of research hypotheses that will be verified in future studies

Summary

Introduction

By concluding a contract of works, the contractor undertakes to hand over the facility provided for in the contract and the contracting authority to pay a specified remuneration. The key stage in mutual relations is the acceptance of works. The obligations of the parties do not end with the acceptance. As well as the usual relevant contractual provisions, the contractor takes responsibility for the defectiveness and noncompliance of the performed works with the contract. In the Polish legal environment, the rules of liability are determined by guarantee and warranty. These two types of liability of the contractor operate independently of each other, showing both similarities and significant differences. The main difference is that granting the guarantee is a voluntary declaration by the contractor to assume responsibility for defects in the works performed, which is regulated in the contract. The warranty is legally binding and is regulated in detail in the provisions of the Civil Code [1]

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Conclusion