Construction Contract Law

2018-11-20 - 04:02 | News | Tags: , |

Construction contract law: the VOB contract competition received since 1 January 2009 the demand security law has been in force, attempts, better than in the past to combat the poor payment morale building. It has brought some innovations – also to the so-called consumer protection – with which should be aware of the parties upon the completion of construction contracts. In particular, our civil code (BGB) has received some new rules, which take account of the special features of construction contracts more than ever before. 1. is useful for building contracts to settle only the BGB? Just for small orders, the Contracting Parties agree often only a service catalog with prices and the execution dates. Here called a so-called agreement of civil code, because the BGB always applies \”unless\” agreed in legal terms.

A BGB contract will of course also exists if the parties expressly make the BGB to the basis of the order. Credit: NY Museums -2011. This type of contract is through the new demand security law for the Construction workers become more attractive. This particularly applies to the improved payment regulation, which largely corresponds to the VOB-rule. However, special rules apply in the event that the contracting authority is a \”consumer\”. This involves individuals who contract the construction not for commercial purposes ( 13 BGB).

Example: The contractor concludes the contract with a teacher to conduct a remedial measure in his private home. This group of people may require a contract performance security amounting to 5% of each interim payment (section 632a ABS. 3 BGB). At a bar deduction as a security agreement the payment claim reduced to 95% of each service. On the other hand, no. 1 VOB/B is the payment claims of the contractor for its services for so-called consumer contracts not to cut according to 16. Another difference of the BGB Treaty regarding the VOB/B is extended from 4 to 5 years Warranty period.