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construction progress and quality always

The 1 January 2009 debt security, which came into force (FoSiG) serves to ensure that requirements of the contracting company and its financial demands. Private developers need to know these new rules. After the Supreme Court ruling (AZ.: VII ZR 55/08) of 24 July 2008, the privilege the VOB (contract procedure for building works) for consumer contracts in the building has disappeared, changed the contractual landscape.

first time, the law stipulates that the entrepreneur Security must be paid. These apply to the timely completion of construction works without any major defects, are about five percent of the gross compensation claim and are at the first tee of the invoice. Changes and amendments to the contract by more than 10 percent, building owners with the next installment of security is another 5 percent of the additional compensation grant. These securities may be withheld from consumers. Alternatively, submitted by the contractors and security services such as completion guarantees or completion guarantee insurance of a credit institution.

The arrangements for payments remain due to lack of transparency for the authorities, often opaque and should be examined by an expert before signing.

The lien in case of defects has been reduced to the original owners of three times the estimated cost to remedy the defect twice. The law should not be denied because of minor defects or irregularities enterprising added to the building payments. Nevertheless, the principle of payment according to construction progress and are actually provided defect-free performance. To claim for rectification enforce, it is more important during the construction phase defects in the nature and extent specifically identify it in writing with a deadline for removal and make up to that point of retention.

changes with the demand Guarantee Act is also in the Civil Code fixed right of termination for clients. Entrepreneurs is in contract termination by the customer, therefore a suspected compensation of 5 per cent of the remuneration to the not yet rendered part of the plant output to. Contracts should therefore not be dismissed lightly builders and without expert or legal counsel.

Since the VOB as a basis for private clients is virtually abolished and the new claim focuses primarily on law to ensure companies have private consumers in the building even more careful attention to their concerns.

why it is not enough to guarantee retention and trust. Rather, in contracting with the assistance of an expert is hard negotiations and the construction process are continuously monitored to be maintained and agreed quality.

is important that the client is an independent expert brings to the side that controls the construction project and monitored.

Peter Wohlfarth

expert for damage to buildings