The general contractor (GÜ) (or total contractor) takes over the planning and engineering services as well as all execution and intermediate construction financing services for a building project within the framework of a building contract ; The GÜ is usually free to subcontract orders . The GÜ regularly prepares a building project - on the agreed date (if contractually agreed: corresponding contractual penalty for non-compliance) - turnkey; the obligation to regulate long-term financing is also possible as a GÜ obligation.
While a general contractor does not usually employ its own craftsmen, but only engages subcontractors for all parts of an order , a general contractor has his own company (often a construction company ) with which he completes the majority of an order and only calls in subcontractors for individual trades .
General contractors can be large construction companies, real estate companies as well as management companies that outsource all construction services. However, the client remains the client. The client has the advantage that he has only commissioned the entire execution via a construction contract. In particular, coordination tasks are no longer required for him, with the advantage that costs and appointments in particular can be fixed. In addition, he only has one contact person in the event of a warranty.
The performance target can be defined by functional specifications (functional tender ). The target performance is partly supplemented by planning tasks (from pre-planning to approval planning). In this case, it is also referred to as a total contractor contract.
Up until 2004 it was controversial whether public clients were allowed to commission general contractors on the basis of procurement regulations. Since the decision of the European Court of Justice in the "Siemens AG Austria" case of March 18, 2004 (Case C-314/01), it has been established that public procurement law allows general contractors to be commissioned by public clients. As part of the revision of the VOB 2006, this has now also been clarified by § 8a No. 10 VOB / A procurement and contract regulations for construction work for Europe-wide tenders.
- ↑ Building with the general contractor / contractor
- ↑ JUDGMENT OF THE COURT (Sixth Chamber) in Case C-314/01 . CURIA. March 18, 2004. Retrieved April 19, 2019.