Philipp SieversDie bauzeitbezogenen Rechte des Auftraggebers

About this book deutschenglish

This book systematically examines whether and, if so, which construction time-related rights the client has against the contractor. The legislator has failed to take into account the great importance of the construction period in the new version of the German Civil Code (BGB) Construction Contract Law, which came into force on 01.01.2018.Precisely for the reason that the provisions of the German Civil Code Construction Contract Law do not contain any explicit and direct regulation on the construction period, the subject of the investigation is whether the regulations already existing in this respect also include construction period-related rights of the client or can at least be interpreted accordingly. Furthermore, the contractual rights arising from the German Construction Contract Procedures (VOB/B), which are regularly agreed between the parties in construction practice and form the basis of the contract, are explained. Finally, contractual options for contractual penalties in general terms and conditions are examined, which serve the client to obtain compensation for the contractor's delay in construction time and are repeatedly the focus of judicial review.