Question
Clearly sourced
Expert knowledge for digital decisions
How is the warranty for software regulated?
Short answer
In a contract for work, the limitation period for defect claims is generally two years from acceptance (§ 634a BGB). What constitutes a defect is crucial – this is why the agreed requirements are so important. Anything not agreed upon is not considered a defect in case of dispute.
What constitutes a defect
A deviation from the agreed specifications. This is precisely why the requirements description is not bureaucracy, but the foundation of any subsequent claim.
"The software is slow" is not a defect without an agreed response time. "Search results in under two seconds for 100,000 records" – agreed – that is a defect.
The deadlines
In a contract for work, defect claims generally expire in two years from acceptance (§ 634a Abs. 1 Nr. 3 BGB). In cases of fraudulent concealment, a longer period applies.
What warranty is not
- Not a maintenance contract. It covers defects, not updates, server operation, or adjustments to new requirements.
- Not further development. A subsequently requested feature is not a defect.
- Not a substitute for operation. Security updates belong in an operations contract.
This distinction often leads to misunderstandings and should be clarified before the contract is concluded.
What helps in practice
- Acceptance criteria in writing, with measurable values where possible
- Classify defects by severity (A, B, C)
- A defect log that includes all reports with status
- Separate agreements for operation and maintenance
This text does not replace legal advice.
Key facts
- Standard period for contract for work
- Two years from acceptance (§ 634a BGB)
- Defect is
- Deviation from the agreed
- Not covered
- Maintenance, operation, new requirements
Sources
All external claims are backed by traceable sources.-
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§ 634a BGB – Verjährung der Mängelansprüche Bundesministerium der Justiz