Legal requirements for planning and construction

High-quality building

There is growing awareness in building practice that sustainable building of technically higher quality over and above that required by accepted engineering practice does not necessarily contradict cost-efficient building: because high-quality building can contribute to lowering running energy costs during the service life of a building. An increase in the quality of the construction works, moreover, considerably prolongs the maintenance-free service life and, with that, greatly minimizes subsequent maintenance and repair costs. This leads to a better economic result over the service life of a...

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Issue 2017-02 German Federal Court of Justice case law

Acceptable imperfections, fitness for purpose, expected quality, warranted product characteristics

The terms listed in the title of this paper cannot be derived directly from the law, but they are relatively common in legal practice. At first glance, they serve to define the work owed under the...

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Issue 2017-02 “Generally Accepted Engineering Practices”

Definition of contents at the boundary between law and engineering

To ensure a work’s fitness for purpose, reference is made to generally accepted engineering practices, which are thus crucial in determining the contractually owed work. There is, however, no common...

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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...

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Issue 2013-02 A defect despite passed freeze-thaw test? (Legal evaluation)

Spalling above intact near-surface aggregate particles?

Defects are evaluated in accordance with applicable legislation, rather than on the basis of technical rules and standards. The legal basis is the construction contract that the ordering party/client...

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Issue 2017-02 Liability risks and other consequences

The new construction contract law

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