Violation of the manufacturer’s specifications - a defect?

Clauses in sub-contractor contracts / sale of goods law

Clauses in sub-contractor contracts

In the chain of performances under a contract for work and services, contracts between client and general contractor and contracts between general contractor and sub-contractor are separately assessed. Therefore, there exists a need for synchronization both laws.

In synchronizing performances owed, the contractual performance target and the functionality of the total performance has to be taken into consideration. In view of the decisions passed on AGBs, simple use of blanket clauses is too risky.

The completion clauses frequently used to prevent follow-up...

Related articles:

Issue 2013-02 Recent case law

Private building law with respect to remuneration and liability

Recent case law pertaining to the precast element contract In building practice, knowledge of the parties to the contract, of the legal nature of the contract entered into by these parties and of the...

Issue 2016-02 How the supplier of concrete components stands up to VOB ­regulations

From sales contract to contract for work?

The contract for manufacturing and supplying of precast components is a so-called contract for work and materials in the sense of § 651 BGB (of the German Civil Code). On the other hand, contracts...

Issue 2015-02 Day 1: Tuesday, 24th February 2015

Economy and law

58 Contacts between competitors – Chances and legal risks of contacts with competitors Kontakte zwischen Wettbewerbern – Chancen und kartellrechtliche Risiken der Wahrnehmung von Kontakten mit...

Issue 2015-02 Duties to inform in contracts for work&service and delivery contracts

Block manufacturer, garden and landscape contractor, client

The old topic: A fantastic (expensive) anthracite-colored concrete block was selected from the prospectuses brought along by the GaLa contractor, procured by the GaLa contractor and laid in accordance...

Issue 2018-02 Delivery of pipes and manholes

Obligation for inspection and notification of defects as well as commercial liability for defects

I. Obligation of inspection and notification of defects on receipt of deliveries of pipes and manholes Purchasers have the right and the obligation to inspect goods purchased and to notify of defects...