From sales contract to contract for work? How the supplier of concrete components stands up to VOB regulations

摘要

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 for work and materials are legally treated according to sale of goods law, whereas VOB/B (the standard German contract procedures for building works) stipulates regulations for construction contracts, that is contracts for work. There is a significant difference between sales contract and contract for work: It is reflected by different warranty periods (the beginning, duration and exclusion, if any) and defect rights, among others, when it comes to choose the kind of supplementary performance, obligations to cooperate, various termination options and possibilities of safeguarding the remuneration.