Liability risks and other consequences

The new construction contract law

For a long time, it has been quite problematic in legal practice that the regulations governing the contract law for work concerning construction contracts do not provide enough details, and thus they are not workable in practice. Fundamental questions of the construction contract law are subject to the agreements between the parties and the case law. Therefore, an economically reasonable drafting and performance of construction contracts that meets the interests of the parties is often difficult. This fact has also been recognized by the legislator. Now, the construction contract law is to be...

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Issue 2019-02 Scope and consequences for contracting in practice

New construction contract law

The new construction contract law has been valid since January 01, 2018. Introducing the new provisions, the legislator tried to consider the set of problems occurring as a result of the complexity...

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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 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...

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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 Contracts for work in concrete factories

The slow death of a flexibility model

Two years ago, I reported at this congress on the difficulties involved in establishing an “indisputable” contract for work. The problems highlighted at that time are still existing. Contracts for...

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