theseverzögerungsschäden

The term "severzögerungsschäden" is a German legal concept that translates to "damages for delay." It refers to financial losses that a party incurs due to the unjustified or excessive delay of another party in fulfilling their contractual obligations. These damages are not directly related to the primary performance of the contract, but rather to the consequences of the delay itself.

In essence, severzögerungsschäden arise when a delay causes tangible financial harm. This could include lost profits, increased costs for alternative arrangements, expenses incurred to mitigate the impact of the delay, or penalties imposed on the delayed party by a third party. For instance, if a construction company is delayed in completing a project, the client might incur additional rental costs for temporary facilities, which could be claimed as severzögerungsschäden.

The claim for severzögerungsschäden typically requires proof that the delay was attributable to the other party and that the damages suffered are a direct and foreseeable consequence of that delay. The burden of proof lies with the party claiming the damages. Contractual agreements often specify remedies for delays, including liquidated damages clauses, which pre-determine the amount payable in case of delay, thereby simplifying the process of claiming severzögerungsschäden. However, if no such clause exists, the claimant must demonstrate the actual financial losses.