In Germany, when discussing the subject of construction works in German law, the VOB (Vergabe – und Vertragsordung für Bauleistungen) cannot be omitted.
VOB are neither a regulation nor a law, but are general terms and conditions. They combine legal regulations and technical regulations.In practice, they complement the provisions of the Civil Code (BGB) regarding the contract for specific work, which did not sufficiently correspond to the characteristics of the construction contract. They apply if the parties to the contract so agree.
VOB consists of the following three parts:
1) the first one (Part A) refers to public tenders,
2) the second (Part B) refers to the general terms and conditions of contracts,
3) the third (Part C) covers general technical regulations for the performance of construction works.
Also in Poland, those companies that cooperate with entities from Germany meet in the contracts proposed to them by the contractor with a reference to VOB. For this reason, such companies need to know not only the content of the VOB, but also the risks associated with their use under the contract. It should be remembered that if the parties to this contract decided that VOB/B is to be applied, then these regulations generally exclude the provisions of the Civil Code.
MORE IN THIS CATEGORY
For the purchase of real estate by a limited liability company the consent of the shareholders' meeting is required (unless the articles of association provide otherwise). Often, before purchasing, for example, a plot of land, a preliminary agreement is concluded. Is...
Issues related to a guarantee of payment are regulated in Articles Art. 6493-6494 of the Act of 23 April 1964 - the Civil Code. The contractor (the general contractor) of the construction works may at any time demand from the investor a guarantee of payment to an...
Ownership of immovable property may neither be transferred on condition nor with the reservation of a time limit.Where a contract obliging to transfer ownership was concluded on condition or with the reservation of a time limit, an additional agreement between the...