Limitation of actions for consequential damages

In the case decided, the debtor is in default with the construction of a hall since several years. For that reason, the creditor sues for damages because of lost rental income. There is a continued damage in the sense of repeated breaches of duty. This is all the more true if the debtor repeatedly commits to correct the defects on the hall. The damage for loss of rent must be qualified as consequential damage, for which the limitation period begins in each case to run anew. In the case decided, the occurrence of the damage is caused by the debtor, who would be able to fulfil the contract. Therefore, the damage is unpredictable and a declaratory action is not necessary. [OGH 30.03.2016, 6 Ob 232/15]