Description of services

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Terms of Reference ( English statement of work , SOW) is in contract law , the specification services to be provided services by the seller or contractor .

General

In the case of extensive contracts, the description of services plays a central role in the offer or tender . It lists in detail in a directory which services the seller or contractor is contractually obliged to provide and which performance features are provided. The determination of the contribution in kind is, in addition to the determination of the consideration , i.e. usually the purchase price , an indispensable part of the contract and usually the focus of the contract negotiations. The description of services rarely occurs in simple everyday purchase contracts (the instructions for use or package insert represent information for use ), but it plays a major role in contracts for work and services such as the construction contract (referred to there as a construction requirement ) or the travel contract for package tours .

Legal issues

Therefore dealing in building the VOB / A detail with service descriptions. According to § 7 VOB / A, the construction work must be described clearly and so exhaustively that all companies have to understand the description in the same sense and can calculate their prices reliably and without extensive preparatory work. The usual designations are to be observed.

By comparing the description of services with the goods actually delivered, it can be checked whether the “agreed quality” ( Section 434, Paragraph 1, Clause 1 BGB ) to which the seller has committed himself has been achieved. A deviation from the specification represents a material defect and triggers warranty claims . In the case of a work contract , the work is free from material defects if it has the agreed quality ( Section 633, Paragraph 2 BGB). This also applies to specified travel services in travel catalogs ; the package tour is free from travel defects if it has the agreed quality ( Section 651i Paragraph 2 BGB).

species

In § 7a VOB / A it is required that the technical requirements (specifications) for the object of the contract in the construction industry must be equally accessible to all companies. A distinction is made here according to

  • Description of services with list of services ( § 7b VOB / A) and
  • Service description with service program ( § 7c VOB / A): is the exceptional case of a service description. The range of services includes a description of the construction task, which is often also called a functional description of services .

With the specifications of the specified client 's requirements with the corresponding specification describes the contractor how he intends to meet these requirements of the client.

purpose

The service description is the basis for the legal question as to whether the goods delivered in accordance with the sales contract or the work to be produced on the basis of the contract for work have defects . It is used to specify the services so that the buyer / contractor can expect a certain delivery .

See also

literature

  • Award and contract regulations for construction work. Edition 2016, Beuth Verlag, Berlin, ISBN 978-3-406-61059-2
  • Fritz Berner , Bernd Kochendörfer, Rainer Schach: Basics of construction management. Volume 1: Construction Management. BG Teubner Verlag / GWV Fachverlage, Wiesbaden 2008, ISBN 978-3-519-00385-4 .

Web links

Wiktionary: Description of services  - explanations of meanings, word origins, synonyms, translations

Individual evidence

  1. Ralf Stolle / Michael Herrmann, Offer Management professionell , 2006, p. 107
  2. Thomas Mestwerdt, VOB / A 2016: Commentary for building and awarding practice , 2017, p. 148 ff.
  3. Thomas Mestwerdt, VOB / A 2016: Commentary for building and awarding practice , 2017, p. 155
  4. Range of services on Bauwerk-Verlag.de (accessed on April 9, 2011)