Despite various legislative changes in recent years, contract law, anchored in the civil code (BGB), continues to regulate the interests of the parties to a construction contract insufficiently. As a result, the construction contracts are also based on the construction process procedures (VOB).
As a special set of rules created for the needs of the involved parties in a construction, the VOB envisages the transparent settlement of construction projects of all kinds between client and constructor. It has the character of a set of general terms and conditions. In terms of a balance of interests, it is suited to making the contents of the VOB an integral part of the contract. If an amendment is considered, this may result in an abrogation of the balance of interests. Some individual cases prove so far-reaching that legal consequences result.
The fees for architects and engineers (HOAI) regulate the remuneration of the relevant services of architects, engineers and planners in Germany. It is intended to serve the purpose of securing the service providers a fee and providing the client with adequate quality of planning, tendering, procurement and construction supervision. In particular, the current efforts for an amendment to the HOAI highlight the fact that continual information and discussion is needed.
The MCE-CONSULT AG advises you on all aspects of dealing with the VOB and the HOAI. We know the details and are experienced in the practical application. We are familiar with the latest changes to the regulations and its impact on your concerns.
We are at your service in the following areas:
- Support and advice for achieving effective contractual arrangements,
- Analysis of potential of existing contracts,
- Advice on completed jobs.
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