Verzögerungsschäden

Verzögerungsschäden, in German legal terminology, refers to damages that arise due to a delay in performance. This typically occurs in contractual relationships where one party fails to fulfill their obligations within the agreed-upon timeframe. The concept is crucial in determining the financial consequences of such delays.

The existence ofverzögerungsschäden is predicated on a breach of contract, specifically a failure to perform on time. For these damages to be claimable, the delayed party must generally be put into default (Verzug). This usually requires a reminder (Mahnung) from the non-breaching party, unless specific circumstances, such as a fixed delivery date (Fixgeschäft), render a reminder unnecessary.

The actual damages resulting from the delay can encompass a range of financial losses. These might include lost profits due to the inability to use the delayed item or service, increased costs incurred because of the delay (e.g., rental costs for a substitute), or expenses related to mitigating the impact of the delay. It is essential that these damages are a direct and foreseeable consequence of the delay.

The injured party has a right to claim compensation for theseverzögerungsschäden, provided they can adequately prove the extent of their losses. The law aims to place the non-breaching party in the financial position they would have been in had the contract been performed on time.