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 651 BGB (Bürgerliches Gesetzbuch; German Civil Code), this relationship should be considered a purchase contract rather than a contract for work provided the precast producer was not commissioned with installing the semi-precast floors. A contract for work would have existed if the precast plant had been under the contractual obligation to install the components. Since 1 January 2002, section...

Issue 02/2014 Legal evaluation of defects

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

A developer is constructing a hotel and as it subsequently turns out requires the room ceilings to be smooth with a premium-quality paint finish and indirect lighting. Work is split among...

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...

Issue 02/2013 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...

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 02/2014 Legal evaluation

Varying strength values measured at the ready-ixed concrete plant and on the construction site, particularly for F5/F6 concrete - which party is liable?

The agreement that the ready-mixed concrete plant entered into with the shell construction contractor pertains to the supply of appropriately specified concrete. Contractual performance is governed by...

BFT 02/2014

BFT 02/2014

Related articles:

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

Spalling above intact near-surface aggregate particles?

Private building law with respect to remuneration and liability

From sales contract to contract for work?

Varying strength values measured at the ready-ixed concrete plant and on the construction site, particularly for F5/F6 ­concrete - which party is liable?

Varying strength values measured at the ready-ixed concrete plant and on the construction site, particularly for F5/F6 concrete - which party is liable?