The technical rules for maintenance and the question of scale in the event of “damage/defects” in legacy cases
Wiens/Raupach and Helm have studied the technical rules for maintenance of the German Institute for Building Technology (Deutsches Institut für Bautechnik) of 2020 with new contents and constructional framework conditions, including their application [1]. Schießl‐Pecka/Strehlein have described the repair method as specified in the technical rules for maintenance and the relevance of the W (water reduction) repair principle in particular, in combination with hydrophobic treatments, from the planner's perspective [2]. The basis for the scenarios depicted is essentially the application where repairs need to be carried out on an ageing reinforced concrete structure. In addition to this basic case, the situation also arises where there are indications that a reinforced concrete structure that has already been repaired is in need of further repairs, and consequently action is required. A special case is to be added to these legacy cases – which carry the designation “damage” in legacy cases (repair damage) – which is characterised by defects in repairs carried out on a reinforced concrete structure which come to light in an open‐ended warranty period and the customer asserts claims due to material defects (rectification of repair defects in an open‐ended warranty period, repair defects). Legal rules therefore apply in addition to the applicable technical rules. The article concerns itself with the technical and legal questions that arise in this regard, that also touch on the area of application of the technical rules for maintenance and in particular emphasise the significance of the performance description in contract specifications.