First the Deadline, Then Another Firm

A German customer may have a defect fixed by another firm and charge the cost to the first one. Section 637 of the Civil Code allows this only nach erfolglosem Ablauf einer von ihm zur Nacherfüllung bestimmten angemessenen Frist: after a reasonable deadline for repair, set by the customer, has passed without result. Lawyers speak of the zweite Andienung, the second attempt. A homeowner who calls a new plumber to fix a botched job, without first setting the original firm a deadline, can normally not charge the original firm.

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