Who in court must prove that the works are hidden and inaccessible?
Posted: Tue Jun 17, 2025 10:15 am
QUESTION - 1: When performing hidden work, is the subcontractor obliged to comply with the requirements of DBN A.3.1-5:2016 and take photos or videos of the process of performing these works?
Hidden work is work that is carried out from the very beginning of construction, for special database example, during the installation of structures, and then it is impossible to check their quality and accuracy due to the lack of physical ability to see them (behind walls, under the floor, etc.)
The quality of these works and the correctness of their performance can only be established during their actual performance, in particular, this is recorded using photos or video footage, which are transferred to the General Contractor, who in turn can reliably confirm the scope/fact of performance of the above-mentioned works.
In this case, the subcontractor is obliged to transfer photos and videos to the General Contractor in electronic form within five calendar days from the date of completion of these works.
Failure by the Subcontractor to provide the above-mentioned photographs/video recordings entitles the General Contractor not to sign the acceptance and handover certificate for the performed hidden work and not to pay for it.
Typically, the procedure for accepting such work is detailed in the construction contract.
Therefore, yes! The contractor must comply with the specified DBN standard!
QUESTION - 2:
The one who points it out! That is, if the customer indicates that certain works are hidden, then he himself must prove it, the contractor is not obliged to prove it, the court, building inspectorates or anyone else should not do it either.
Hidden work is work that is carried out from the very beginning of construction, for special database example, during the installation of structures, and then it is impossible to check their quality and accuracy due to the lack of physical ability to see them (behind walls, under the floor, etc.)
The quality of these works and the correctness of their performance can only be established during their actual performance, in particular, this is recorded using photos or video footage, which are transferred to the General Contractor, who in turn can reliably confirm the scope/fact of performance of the above-mentioned works.
In this case, the subcontractor is obliged to transfer photos and videos to the General Contractor in electronic form within five calendar days from the date of completion of these works.
Failure by the Subcontractor to provide the above-mentioned photographs/video recordings entitles the General Contractor not to sign the acceptance and handover certificate for the performed hidden work and not to pay for it.
Typically, the procedure for accepting such work is detailed in the construction contract.
Therefore, yes! The contractor must comply with the specified DBN standard!
QUESTION - 2:
The one who points it out! That is, if the customer indicates that certain works are hidden, then he himself must prove it, the contractor is not obliged to prove it, the court, building inspectorates or anyone else should not do it either.