A construction contract is a type of private law contracts for the mutual exchange of services, in which one part (contractor) undertakes to produce a work against payment of remuneration ( wages ) by the other part of the contract (customer). The success owed , i.e. the construction of a building according to the order, is typical of the contract.
Construction contracts are usually concluded for new buildings ( turnkey construction ), individual parts thereof ( shell construction ), conversions, renovation work or for individual services (bricklaying, painting, installation, heating construction). Contractors for services from individual trades are typically craft businesses . Building contractors who perform extensive construction work partly themselves, partly by commissioning other companies ( subcontractors ) are also referred to as general contractors .
The construction contract in the strict sense of the word is to be distinguished from the developer contract (purchase of objects still to be built) and contracts from the construction ancillary trades that do not relate directly to the construction or manufacture. The architect does not provide any construction work within the framework of the architect's contract, but rather planning and construction supervision services; something similar can be found in the construction supervision contract .
Legal situation in individual countries
- Germany: Construction contract (Germany)
- Austria: In Austria construction contracts are contracts for work and services , that is, they regulate whatever the two contracting parties agree to with each other. They are even free of form, so they don't even have to be in writing. In general, all prerequisites must be explicitly regulated; regulations on this can be found in particular in ÖNORM B 2110 General Contractual Provisions for Construction Services , but their validity must also be expressly stated. Special duty of care according to § 1169 ABGB, information obligations in consumer transactions within the meaning of the Consumer Protection Act (KSchG) and the regulations on immoral contractual clauses according to § 879 ABGB apply . The construction contract is closely tied to the respective offer, which specifies the scope of all work. Therefore, between the submission of the offer and the conclusion of the contract, special regulations on acceptance and binding period apply.
- Thomas Srkal: Warranty and insurance under construction law in France and the Federal Republic of Germany . tuduv-Verlagsgesellschaft, Munich 1981, ISBN 3-88073-107-1 .
- Jan-Bertram A. Hillig: The contractor's liability for defects in German and English law . Lang, Frankfurt a. M. 2010, ISBN 978-3-631-59960-0 .
- Robert Scherzer: Securing the claims of those involved in construction from a comparative legal perspective with special consideration of the Claims Securing Act . Nomos, Baden-Baden 2009, ISBN 978-3-8329-4016-4 .
- Thomas Pfeiffer, Burkhard Hess and Stefan Huber (eds.): Comparative law study on key issues of private building contract law in Germany, England, France, the Netherlands and Switzerland . Weinmann, Filderstadt 2008, ISBN 978-3-921262-50-4 .
- ^ Hans Gölles: Constructive and functional building contract according to ÖNORM B 2110, ABGB and BVergG. MANZ Verlag, Vienna 2015, ISBN 978-3-214-02218-1 .
- ↑ a b c d e f g Construction contract law - you should know that! And building contract - what should I look out for? Onwohnnet.at, accessed February 22, 2017.