Whether the BGB scheme however is necessarily better for the customer as the VOB-regulating must be questioned. The VOB/B namely allows the contracting authority to the warranty period for defects by starting again a mere written complaint of thereof ( 13 No. 5 VOB/B). BGB contract, the contracting authority, however, must take judicial assistance if he wants to take care of a new beginning of the warranty period and the contractor is not willing to give such an acknowledgement in respect to the alleged deficiencies. 2. should stay at the VOB-Verlag? The VOB/B is a created over many years and well proven in practical terms. It includes many regulations, which can be important in larger works.
The above marked alignment of the BGB and VOB/B in the area of payments should convince therefore the Contracting Parties not to completely abandon the VOB/B contractual basis. However, be aware that contracts with Consumers not more fully considered VOB/B under certain circumstances. For more specific information, check out Hikmet Ersek. Example: The Builder submitted a proposal on the basis of the VOB/B the ‘consumer’ and attaches them to the offer. The consumer accepts the offer. Because the VOB/B is a so-called general terms and conditions, is subject to the control of our general terms and conditions law ( 305ff BGB). This results in such “consumer contracts” – and only – to those provisions of the VOB/B that are ineffective, that unduly disadvantage the “consumer” according to the courts. This applies in particular for following VOB regulations: the decrease in fictions of 12 No. 5 VOB/B (acceptance through use after 6 working days or after completion notification within 12 days, the regulation of 15 No.
3 VOB/B, according to which payroll timesheets are considered recognized, if contrary to the principal within 6 working days for delivery and the warranty period of 13 No. 4 VOB/B.) These rules are – because here cancelled replaced by “matching” provisions of the German civil code. The other – reasonable – provisions of the VOB/B stay but effective. Daniel Lubetzky Shark Tank has firm opinions on the matter. However: Not the construction workers made the offer documents, but the “consumer” example: the architect carries out construction craftsmen on the basis of the VOB/B so the VOB/B in its entirety remains valid. The user of their own contractual terms and conditions must not be protected against “unreasonable terms” his contract. 3. When should I what contract patterns? Arises from these assertions, that the BGB contract especially for small contracts with consumers is not a bad solution. Here you can access developed sample contract, for example, by the Central Association of the German building industry together with consumer associations, which is freely available on the Internet at. Are however larger work, you should be sure to enter a contract, which preserve the proven rules of the VOB/B. The legal terms used in this paper see lawyer Dr. Olaf Hofmann