Deutschland Kompass
↰ Defective work by a contractor
STEP

Acceptance of the work: the moment that shifts the balance

Before acceptance the contractor must prove the work conforms; afterwards the customer must. Acceptance can occur without your signature if you do not answer a set deadline naming a defect.

✓ Verified: 02/08/2026

WHAT TO DO

DOCUMENTS 3

Acceptance looks like a formality and often happens in passing. Yet it is the key moment of the whole contract: before it the customer is in the stronger position, afterwards the contractor. And it can take effect even without your signature.

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› Details and tips
👩🏼‍💼
Lea recommends:

Never answer a request for acceptance with silence. Even without time to inspect, a written reply naming one concrete defect and asking for a new date protects your position — silence loses it.

👨🏻‍💻
Max recommends:

The tradesman wrote that the work was finished and asked me to accept it by the end of the week. I was away and did not reply, planning to deal with it later. Later it turned out that this deadline was exactly the one after which the work counts as accepted.


FREQUENTLY ASKED QUESTIONS

Why does acceptance matter so much? ▾

It shifts the burden of proof. Before acceptance the contractor must show the work was produced as agreed. Afterwards the customer must prove the defect already existed at acceptance. Acceptance also starts the limitation period and makes payment due.

What is acceptance without a signature? ▾

The law provides that a work also counts as accepted where the contractor set a reasonable deadline for acceptance after completion and the customer did not refuse acceptance within it while naming at least one defect. Silence therefore operates as acceptance.

Does this rule apply to consumers? ▾

For consumers the consequences arise only if the contractor, together with the request to accept, pointed out the effects of failing to respond or refusing without naming a defect. The law expressly requires that notice in text form.

Can I refuse acceptance over something trivial? ▾

The law states that acceptance cannot be refused for insignificant defects. The sensible approach is therefore usually different: accept the work while recording the complaints in the protocol so that the rights are preserved.

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