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Defect

Deviation from the safe or proper condition found during an inspection. Usually with a classification and a deadline for correction.

A defect has two meanings in maintenance. At an inspection, it is a deviation from the safe or proper condition. Inspection bodies record it in the report, usually with a classification by the degree of hazard and a deadline for correction. In contract law, a defect is a deviation of the performance from what was agreed: under § 633(2) of the German Civil Code, a work is free of material defects if it has the agreed quality. Keeping the two apart avoids mix-ups. An inspection defect says something about the asset, a material defect says something about the performance of a contractor.

An inspection defect creates duties for the operator. Necessary maintenance measures must be carried out without delay (§ 10(1) BetrSichV). If an inspection shows that work equipment cannot be operated safely until the next periodic inspection, the interval has to be redetermined (§ 14(2)). Depending on severity, the asset may not be allowed to keep running. Correction usually has to be proven, through the service report or through a follow-up inspection if the inspection report requires one. If proof is missing, the defect comes back at the next appointment.

For cost and responsibility, the cause counts. Defects that come from wear are repairs and are paid under the contract. Defects that a service company caused through faulty work are material defects, and it has to answer for them. The service report and the inspection report with their dates help assign responsibility. If the cause stays open, operators and service companies often argue over cost. So document when the defect was first found and who reported it.

What matters

  • Enter every defect in a list with number, classification and deadline.
  • Order the correction without delay and record the time.
  • Ask for proof of the correction and clarify whether the inspection body requires a follow-up inspection.
  • In a repair, check whether the defect came from wear or from earlier work.
Example

Suppose an inspection of a compressed air system classifies a leaking valve as a defect with a deadline. The operator has the service company replace the seal and has the correction confirmed in the service report. At the next inspection, he can show the report, and the defect counts as closed.

In the original wording

“The work is free of material defects if it has the agreed quality.”
§ 633(2), sentence 1German Civil Code (BGB)Original text ↗

Unofficial translation

“If the inspection shows that work equipment cannot be operated safely until the next periodic inspection determined under section 3(6), the inspection interval must be redetermined.”
§ 14(2), sentence 3German Ordinance on Industrial Safety and Health (BetrSichV)Original text ↗

Unofficial translation

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