Working aid
Defect notice templates: notice, grace period, substitute performance — three letters, one case
Most defect notices fail on form, not on the defect. These templates take you from the first letter to substitute performance — with the sentences that hold up in a dispute and the places where you have to enter a date.
A working aid by Open Experience GmbH. Last updated: September 2026
What do the defect notice templates contain?
The defect notice templates consist of three consecutive letters under the German VOB/B: the defect notice with a request for rectification (before acceptance under § 4 (7), after acceptance under § 13 (5) no. 1 VOB/B), the grace period with a warning of the legal consequences, and the announcement of substitute performance at the contractor's expense (§ 13 (5) no. 2 VOB/B). Each letter contains the six building blocks of an effective notice — contract reference, locatable defect description, express request, deadline as a calendar date, sender with signature, and proof of receipt — as a Word template with placeholders in square brackets.
Legal framework: Germany (Civil Code BGB, construction contract rules VOB/B, fee schedule HOAI). Other countries have different rules, and contractual agreements take precedence over the standard periods named here.
Download the templates
Word file with the three letters, one per page, to paste into your own letterhead. The PDF shows the same texts for reading.
Non-binding sample, not legal advice. Contractual agreements and the individual case take precedence. Check addressee, contractual basis, deadline and proof of receipt before sending; seek legal advice before withdrawing a contract or where large sums are involved. German law.
How to work with the templates
- Contractual basis firstThe letters are drafted for contracts under VOB/B. For pure BGB construction contracts the sentences apply accordingly — supplementary performance under § 634 no. 1, § 635 BGB, self-remedy under § 637 BGB; swap the section references in the text.
- Symptom, not causeDescribe what can be seen and where — not what causes it. Naming the cause narrows your own notice for no reason.
- Deadline as a calendar date"Immediately" is not a deadline. Enter a date that an averagely capable firm can meet; short if there is imminent danger, with reasons.
- Prove receiptThe deadline runs from receipt, not from dispatch. In the last paragraph choose the delivery route you can prove, and file the proof with the case.
- One defect, one caseSeveral defects may go into one letter — but each described, located and given its own deadline. The defect list as an attachment keeps this together.
The placeholders are in square brackets. Everything not in brackets is there for a reason — shorten with care.
Letter 1 — defect notice and request for rectification
The first letter starts the deadline running. There are two variants of the legal-basis sentence: before acceptance (§ 4 (7) VOB/B) and after acceptance (§ 13 (5) no. 1 VOB/B). Everything else is the same.
- SubjectConstruction project [sample project day-care centre Musterweg, Musterstraße 1, 00000 Musterstadt], contract [no. / lot / trade] dated [date] — defect notice and request for rectification
- Salutation and contract referenceDear Sir or Madam, in the course of the above construction contract we identified the following defects in your work during the inspection on [date].
- Defect descriptionDefect [no.]: [visible defect, e.g. "dark moisture marks on the inside of the external wall"]. Location: [building, storey, room, grid axis]. Identified on [date]. Photo no. [x], drawing extract [y], see attachment 1. Further defects are listed in the attached defect list (attachment 1).
- Legal basis — before acceptanceTo that extent the work does not conform to the contract. Pursuant to § 4 (7) VOB/B we request you to replace the defective work with defect-free work at your own expense.
- Legal basis — after acceptanceTo that extent the work is defective. Pursuant to § 13 (5) no. 1 VOB/B we request you to rectify the defects described at your own expense.
- DeadlinePlease rectify the defects described by [calendar date, e.g. 30 September 2026] at the latest and notify us in writing when the rectification is complete so that we can check it.
- Reservation of rightsShould the deadline expire without result, we reserve all rights to which we are entitled under the contract and VOB/B, in particular substitute performance at your expense.
- Receipt and signatureYou receive this letter by [registered mail / delivery against acknowledgement of receipt / e-mail with read receipt]. Yours faithfully — [name], [function, e.g. construction supervision], [client's company]. Attachments: defect list, photos, drawing extracts.
Letter 2 — grace period with warning of the legal consequences
When the first deadline has expired. The core is the warning: after acceptance substitute performance, before acceptance withdrawal of the contract — without this sentence the respective legal consequence does not arise.
- SubjectConstruction project [as above], contract [no.] — grace period for rectification of defects
- ReferenceDear Sir or Madam, by letter of [date], received by you on [date], we requested you to rectify the defects described there by [date]. The deadline has expired without result / The rectification is incomplete: [what is missing, with location].
- Grace periodWe hereby set you a grace period for rectification of the defects until [calendar date].
- Warning — after acceptanceShould this deadline also expire without result, we will have the defects rectified at your expense pursuant to § 13 (5) no. 2 VOB/B without any further request.
- Warning — before acceptanceIn the event that the deadline expires without result, we already declare now that we will withdraw the contract from you [in its entirety / for the part of the work concerned] pursuant to § 4 (7) sentence 3 in conjunction with § 8 (3) VOB/B.
- Reservation of costsWe reserve the right to claim the costs and damages incurred and still to be incurred by us as a result of the delay.
- Receipt and signatureYou receive this letter by [provable delivery route]. Yours faithfully — [name], [function], [company]. Attachment: letter of [date] with defect list.
Letter 3 — announcement of substitute performance
After acceptance and after a fruitless grace period. The letter announces, documents and safeguards reimbursement of the costs. Before acceptance its place is taken by withdrawal of the contract — a step for which you should seek legal advice.
- SubjectConstruction project [as above], contract [no.] — rectification of the defects by third parties at your expense (substitute performance)
- ReferenceDear Sir or Madam, despite our defect notice of [date] and the grace period until [date] (letter of [date], received on [date]) you have not rectified the defects described there.
- DeclarationWe will therefore have the defects rectified by another firm pursuant to § 13 (5) no. 2 VOB/B. We will invoice you for the resulting costs or set them off against [security retention / outstanding remuneration]. The expected costs amount to [amount] (quotation in attachment 1).
- Advance payment (optional)We request you to pay us an advance in the amount of the expected costs of [amount] by [calendar date].
- Preservation of evidence and attendanceBefore the work begins we will document the condition photographically. We invite you to a joint inspection on site on [date, time]; if you do not attend, the inspection will take place without you.
- ReservationFurther claims, in particular for compensation of consequential damage, remain reserved.
- Receipt and signatureYou receive this letter by [provable delivery route]. Yours faithfully — [name], [function], [company]. Attachments: quotation of the third firm, previous correspondence.
Check before sending
Right addressee
The contracting party, not the foreman on site. In a joint venture or a chain of subcontractors, your own contracting party.
Defect locatable
Location so precise that a third party finds it without asking — building, storey, room, grid axis, photo.
Symptom instead of cause
What is described is what can be seen. No diagnosis.
Deadline as a date
A calendar day, appropriate to the effort — and set afresh in every letter.
Receipt provable
Registered mail, delivery against signature or a system that logs the opening. The outbox proves nothing.
Case complete
All three letters, proofs of receipt, photos and defect list in one place — the way a court will want to see them in four years.
Notices that arise from the defect
In Construction Defects, the defect management application, the defect notice arises from the recorded defect: description, location, photo and deadline are already there, the letter is generated at the appropriate escalation level — request, grace period, substitute measure — and the contractor receives it in their own access, where the system records when they opened it. The templates on this page are the paper form of the same process.
Frequently asked questions
Do I have to use all three letters?
No. The first letter is the defect notice; you only need the other two if the contractor does not react. What matters is the sequence: no substitute performance without a grace period and warning.
Is an e-mail sufficient?
As text form usually yes. The problem is proof of receipt — secure it separately, for instance by acknowledgement of receipt or a system that logs the opening. For the extension of the limitation period under § 13 (5) no. 1 VOB/B, written form is required.
How long must the deadline be?
As long as an averagely capable firm needs for the rectification. A deadline that is too short does not make the notice ineffective but usually starts the appropriate period running — do not rely on that.
Do the templates also apply to BGB contracts?
In substance yes. Swap the section references: request for supplementary performance under § 634 no. 1 and § 635 BGB, self-remedy and advance payment under § 637 BGB. The building blocks — description, request, deadline, receipt — remain the same.
What about damage reports and hindrances?
Those are different cases with different letters — the damage report demands assumption of costs, the notice of hindrance under § 6 VOB/B secures construction time. Construction Defects keeps them as separate item types; this page deals with the technical defect only.
May I adapt the templates in my office and pass them on?
Yes, that is what the Word version is for. Keep the reference to source and date when you pass them on.
Sources and legal basis
The legal statements in this article are based on the primary sources listed below. The article is not a substitute for legal advice in an individual case.
- VOB/B (2016 edition), official text of the BMWSB — § 4 (7), § 8 (3) and § 13 (5): defects before and after acceptance, withdrawal of the contract, substitute performance (German)
- § 634 BGB — rights of the customer in the event of defects (German)
- § 635 BGB — supplementary performance (German)
- § 637 BGB — self-remedy and advance payment after a fruitless deadline (German)
The notice that arises from the defect.
In 45 minutes we show the way from the photo on site to the delivered defect notice — with running deadline and proof of receipt.