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 resulting rights and duties is crucial to mitigate risks and to appropriately deal with conflicts in the course of contractual performance. This situation becomes particularly apparent when looking more closely at recent case law pertaining to the contract for the delivery of precast elements.

Legal nature of the contract

Contracts whose exclusive object is the delivery of mobile structural or plant...

Issue 02/2015 Violation of the manufacturer’s specifications - a defect?

Clauses in sub-contractor contracts / sale of goods law

Clauses in sub-contractor contracts In the chain of performances under a contract for work and services, contracts between client and general contractor and contracts between general contractor and...

Issue 02/2016 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...

Issue 02/2013 Acceptance of structural concrete components

Legal point of view

Legal basis: the work This title alone is remarkable from a legal standpoint because the legal consideration starts from the work. The work whose production the contractor committed to is accepted in...

Issue 02/2014 Legal evaluation

Semi-precast floors. Rust spots, traces of rubber abrasion, voids –

The present case refers to the legal relationship between the shell construction contractor and the precast producer that manufactures and delivers the semi-precast floor units. Pursuant to section...

Issue 02/2013 A defect despite passed freeze-thaw test? (Legal evaluation)

Spalling above intact near-surface aggregate particles?

Defects are evaluated in accordance with applicable legislation, rather than on the basis of technical rules and standards. The legal basis is the construction contract that the ordering party/client...