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 enters into with the contractor. Even if the contractor procures the treads subject to the complaint as prefabricated elements from a precast plant based on a purchase agreement pursuant to sections 651 and 433 BGB (Bürgerliches Gesetzbuch; German Civil Code), the installation of the stair in front of the house takes place on the basis of a contract for work (pursuant to section 631 et seq. BGB,...

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 02/2016 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 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 02/2014 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 02/2013