Individual award

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The most common practice in awarding construction works is called individual award. In contrast to the general contractor or turnkey construction , each individual trade (e.g. bricklayer, carpenter, carpenter, roofer, painter, etc.) is awarded separately by the client (who does not necessarily have to be the builder ) to a sole proprietorship .

In the case of construction contracts in accordance with VOB / B , the sole trader / contractor must carry out the commissioned service in his own company or with his own employees on the construction site. With the written consent of the client, he may transfer them to subcontractors . However, consent is not required for services for which the contractor's operations are not set up. Assigned by the contractor without the consent of the client to subcontractors, although its operation is set up to these benefits, the contractor can do it with a reasonable period admonish and combine this with threat of contract termination. In an economy that is becoming more and more division of labor , the application of this provision repeatedly leads to considerable disputes about which services the contractor can and must provide in his own company. In purely practical terms, the provision presupposes that the client can even recognize whether the people working on the construction site are the contractor's employees or work for a subcontractor or for a "sub-sub".

When it comes to awarding services , the entrepreneur is increasingly turning to individual awarding . For example, when creating an Internet presence, the tasks are assigned to service providers specially suited for this purpose.

The individual award is not necessarily cheaper than the award to a general contractor. When carrying out construction projects, construction management and supervision and the coordination of the various services require in- depth knowledge, considerable experience and considerable effort, be it on the part of the client or the contractor. Through the individual award, savings can therefore only be achieved if the client has this knowledge and experience and the effort causes less costs for him than for the general contractor. It is often easier to enforce claims for defects vis-à-vis the general contractor, since the latter cannot claim that the defect was caused by the other trade.

Individual evidence

  1. § 4 No. 8 Paragraph 1 VOB / B
  2. http://www.kecos.de/script/tree_cont.php?a_tree=tree&act_unit_url=65exdl-vergabe.htm&act_line_nr=635&act_level=5&abo_start=