Print surcharge
Printing surcharge is an informal term for the special retention that the customer of a work is entitled to with regard to the remuneration owed to the entrepreneur if the work is defective .
Legal regulation
If the customer has a right to remedy of defects in accordance with Section 641 (3) of the German Civil Code (BGB) , he can refuse to pay an appropriate part of the wages until the defect has been remedied. According to the law, twice the costs required to remedy the defect are reasonable.
In building law , the regulation of § 641 BGB is also applicable to the VOB building contract.
Reasonable height
According to the law for the acceleration of due payments of March 30, 2000, the initially indefinite part of the remuneration in § 641 BGB, which the customer could withhold, was set at least three times the costs required for the removal of defects. This should enable the customer to put pressure on the entrepreneur to carry out a repair immediately . The Federal Court of Justice , however, only found an amount of two to three times as appropriate.
Due to the new legal regulation, many customers kept a multiple of the cost of eliminating defects, which sometimes led to serious liquidity problems, especially for smaller construction companies. The Claims Assurance Act of October 23, 2008 therefore revised Section 641 (3) BGB and reduced the usually reasonable surcharge on January 1, 2009 to double the required costs.
Individual evidence
- ↑ BGBl. I p. 330
- ^ BGH, judgment of January 16, 1992, NJW 1992, 1632
- ↑ Federal Law Gazette I p. 2022
- ↑ Act to secure contractor claims and to improve the enforcement of claims (Claims Securing Act - FoSiG) , legal materials in the library of the Federal Court of Justice, accessed on June 25, 2016
- ↑ Frederik Karsten: The New Justice Law on Securing Claims 2008, pp. 530, 532
