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 sale of goods law (s. 651 BGB; Bürgerliches Gesetzbuch − German Civil Code). The relevant point in time to ascertain whether products or goods are free from material defects is when the risk passes from the seller to the buyer, i.e. when the fresh concrete is handed over to the shell construction contractor on the construction site (s. 434 BGB). After handover, the buyer is bound to prove any...
