Liability for consequential damage | Legal aid centre

Questioner

We are a contractor in concrete works. Now we have made a basement for a factory. Now it appears that the basement is leaking. This is a guarantee and we will solve this. The factory now holds us liable for the consequential damage that has arisen as a result. Are we liable for this?

Lawyer

If you have not excluded consequential damage in, for example, your general terms and conditions, you can indeed be held liable for it. If you have insurance, I advise you to inform them immediately and let them handle it. If you admit liability to the other party, you run the risk that your insurance will no longer cover it. Furthermore, consequential damage is not a precisely defined concept and one must carefully consider which items of damage are actually the result of your shortcoming. For further information, please feel free to contact me.