The Agreement For Construction Work (Bauvertrag) is a fundamental document in German construction law, essential for any significant construction project in Germany. It establishes the legal and operational framework for construction works, incorporating requirements from the German Civil Code (BGB), particularly sections 631-651, and often referencing the VOB/B (German Construction Contract Procedures). This agreement is used when a principal engages a contractor to perform construction works, whether for new buildings, renovations, or infrastructure projects. It includes crucial elements such as scope definition, pricing structures, completion timelines, quality standards, and risk allocation. The document must comply with German building regulations, environmental requirements, and worker protection laws, while providing clear mechanisms for project execution, monitoring, and dispute resolution. It's particularly important that the agreement addresses specific German legal requirements regarding defect liability (Gew脙陇hrleistung) and formal acceptance procedures (Abnahme).
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1. Parties: Identification of the contracting parties (Employer/Principal and Contractor) with full legal names and addresses
2. Background: Context of the construction project and brief description of the parties' intentions
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Work: Detailed description of the construction work to be performed, including reference to technical specifications
5. Contract Price and Payment Terms: Agreement on compensation, payment schedule, and invoicing procedures
6. Time for Completion: Project timeline, including start date, completion date, and any milestone dates
7. Contractor's Obligations: Key responsibilities of the contractor, including quality standards, materials, and workforce
8. Principal's Obligations: Key responsibilities of the principal, including site access, permits, and approvals
9. Changes to the Work: Procedures for variations and change orders
10. Quality Assurance and Inspection: Quality control requirements and inspection procedures
11. Acceptance of Work: Procedures for work acceptance and handover
12. Defects Liability: Warranty provisions and defect rectification procedures
13. Insurance and Liability: Required insurance coverage and liability allocation
14. Force Majeure: Provisions for unforeseen circumstances and their handling
15. Termination: Grounds and procedures for contract termination
16. Dispute Resolution: Procedures for handling disputes, including jurisdiction and applicable law
17. Final Provisions: Miscellaneous legal provisions including severability, entire agreement, and amendments
1. Site Conditions: Detailed provisions regarding site conditions and geological risks, used for complex construction projects
2. Environmental Protection: Specific environmental requirements and protection measures, necessary for projects with significant environmental impact
3. Subcontracting: Rules and procedures for subcontracting, included when subcontractors are expected to be used
4. Performance Security: Requirements for performance bonds or guarantees, typically for larger projects
5. Intellectual Property Rights: IP provisions when design elements or innovative construction methods are involved
6. Confidentiality: Confidentiality obligations, important for projects involving proprietary methods or sensitive information
7. Building Information Modeling (BIM): BIM-related obligations and procedures, required for projects using BIM
8. Health and Safety Requirements: Detailed health and safety provisions beyond statutory requirements, for high-risk or complex projects
1. Schedule 1: Technical Specifications: Detailed technical requirements and specifications for the construction work
2. Schedule 2: Site Plan and Drawings: Construction drawings, site plans, and design documents
3. Schedule 3: Bill of Quantities: Detailed breakdown of quantities and prices for the work
4. Schedule 4: Project Timeline: Detailed construction schedule with milestones
5. Schedule 5: Payment Schedule: Detailed payment terms, including milestone payments and payment procedures
6. Schedule 6: Quality Requirements: Specific quality standards, testing procedures, and acceptance criteria
7. Schedule 7: List of Approved Subcontractors: Pre-approved subcontractors and their scope of work
8. Schedule 8: Forms and Certificates: Template forms for various notices, certificates, and other formal communications
9. Schedule 9: Insurance Requirements: Detailed insurance specifications and coverage requirements
Find the exact document you need
Agreement For Construction Work
A German law-governed agreement between principal and contractor for construction works, incorporating BGB and VOB/B provisions.
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Contract Agreement For Construction Work
A German law-governed agreement establishing terms and conditions for construction work between principal and contractor, incorporating BGB and VOB/B requirements.
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