Liability for Defects in Waterproofing of Buildings – Practice in Croatia

Defects in waterproofing are among the most common problems encountered in newly constructed and renovated buildings. Water penetration through terraces, balconies and flat roofs, dampness in basements and walls, as well as the occurrence of mould and fungi, are not merely technical issues. Depending on their cause and consequences, they may give rise to several different liability regimes under the Croatian Civil Obligations Act (hereinafter: the “ZOO”). First and foremost, a distinction must be made between the liability of the seller of real property for material defects and the liability of the contractor, designer and supervising engineer for defects...