Construction Contract Law in Germany

German Construction Lawyers

Construction Contract Law in Germany

German Construction Lawyers

At Schlun & Elseven Rechtsanwälte, our construction lawyers provide comprehensive guidance on all matters relating to construction contracts in Germany, such as the drafting, negotiating and reviewing of contracts.

The introduction of the Construction Contracts Act 2018 has aimed to improve the situation of private builders; however, risks still exist and those engaging in private building projects should consult with legal counsel before signing agreements.

Signing a contract without legal advice beforehand can result in higher costs and legal disputes. Our team can be relied upon to provide you with full-service support in all of your construction contract requirements.

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Our Services

Contract review and drafting

  • Construction and developer contract
  • Architectural contract
  • Property purchase contract
  • Contract for work and services

Representation in conflict situations

Information about

  • Your rights and obligations
  • Options for legal action
  • Prospects of success
  • Costs

Services in context

  • Contract law | Building and property development contracts
  • Regulations on the awarding of contracts and contract regulations for construction work (VOB)
  • Fee regulations for architects and engineers (HOAI)
  • German Institute for Standardisation (DIN) regulations
  • Real estate agent and property developer regulations

The Construction Contract: Form and Design

The construction contract is the starting point for the building project.

In Germany, the regulation of the project can be based on the German Civil Code (BGB) or the framework within the German Construction Contract Procedures (Vergabe- und Vertragsordnung für Bauleistungen – VOB). The laws and regulations that apply are based on whether the project is for private clients, such as in building a house, whereby they use the BGB regulations, or whether the project is a larger project involving public clients, whereby they apply conditions from the VOB.

The application of the VOB is required for public sector construction contracts; however, if the parties agree, they can also be applied to private construction contracts. VOB/B refers to the general conditions of the contract for the execution of construction work, and VOB/C concerns general technical terms of the contract for construction work.

These provisions may be relevant to private builders, as they can provide greater contract flexibility than the German Civil Code. However, any arrangements agreed to should be checked by a construction lawyer before signing them.

Since 2018 standard statutory rules have been applied that cover essential provisions within the construction contract. These changes also cover the developer contract and