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 resulting rights and duties is crucial to mitigate risks and to appropriately deal with conflicts in the course of contractual performance. This situation becomes particularly apparent when looking more closely at recent case law pertaining to the contract for the delivery of precast elements.

Legal nature of the contract

Contracts whose exclusive object is the delivery of mobile structural or plant...

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Issue 2013-02 What should manufacturers of concrete products bear in mind?

Varying distribution channels and warranty periods

Following the ECJ judgment of 2011, producers are often faced with the issue of which costs they can be held liable for if the product turned out to be deficient. This question becomes even more...

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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 2015-02 Violation of the manufacturer’s specifications - a defect?

Clauses in sub-contractor contracts / sale of goods law

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

Spalling above intact near-surface aggregate particles?

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Issue 2014-02 Legal evaluation

Semi-precast floors. Rust spots, traces of rubber abrasion, voids –

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