Addendum (contract law)
In contract law, an addendum refers to a subsequent amendment to the contract made after the original conclusion of the contract , specifically the subsequently added parts of the contract.
General rules
In general contract law, the principle applies that contracts must be observed. It follows from this that it normally remains with the contractual agreements and one contractual partner cannot request a contract change from the other contractual partner. Deviations from this legal situation can, however, result from legal regulations, contractual agreements (regulation of a right to request certain changes to the contract) or from good faith ( Section 242 of the German Civil Code (BGB) ).
Supplements to work contracts
There are relatively frequent amendments to the law on contracts for work and services , especially in private construction law . This is due to the fact that it is often not possible to specify the content of the service exactly when the contract is concluded. Often, when the contract is concluded with the building contractor, the planning is not yet completed due to lack of time. Technical necessities that only arise during the execution can force a change in the planning after the conclusion of the contract. Often the client only makes additional requests during the execution that need to be implemented.
If the contract is changed in view of such changes, no special features apply. The changed contractual regulation then applies. A right of the client to request a change to the contract does not apply in general, but may have to be accepted in good faith. According to § 650b BGB, clients have the option of requesting changes in construction contracts.
An addendum is often associated with additional remuneration claims or extensions of the execution deadlines. If the client requests an additional service, the contractor usually makes a supplementary offer with which he offers the execution at a certain price. Sometimes the service is performed even though an agreement on the price cannot be reached. A supplementary claim is then asserted in the invoice , the authorization of which often has to be processed.
Special features of construction contracts with the inclusion of VOB / B
In the case of construction contracts for which the application of VOB / B has been agreed, Section 1 Paragraph 4 VOB / B applies, which reads:
- Services that have not been agreed and which are necessary for the execution of the contractual service must be carried out by the contractor at the request of the client, unless its operation is not set up for such services. Other services can only be transferred to the contractor with his consent.
In this case, the contractor is obliged to perform additional services under the conditions mentioned. This does not require a contractual amendment agreement, but the client has a unilateral right to determine the performance . If he requests the execution of additional services (the execution of which the contractor's business is set up), this alone creates a corresponding obligation on the part of the contractor to perform. As a downside of this right to determine performance, Section 2 Paragraphs 5, 6 and 7 No. 2 VOB / B also contain regulations on remuneration.
In addition, additional claims are also made for services that were carried out without an order or with unauthorized deviation from the order. For these cases, Section 2 (8) No. 1 Sentence 1 VOB / B provides that they are not to be remunerated. However, there are exceptions to this principle under certain conditions, which are regulated in Section 2 Paragraph 8 No. 2 and 3 VOB / B.
Subsequent requests hold considerable potential for conflict. When placing an order, contractors often compete with several other companies. Usually the cheapest provider receives the order. The necessity of an inexpensive offer for the purpose of obtaining the order, which is justified by this, tends to mean that the order cannot be used to make too high a profit. It is therefore not uncommon for the contractor to try to enforce the highest possible additional remuneration for supplements in order to improve the profit situation.
Supplement management in the construction industry is the activity in connection with the submission of supplementary offers and supplementary claims and with the assessment of their authorization.
Individual evidence
- ↑ § 650b BGB - single standard. Retrieved April 17, 2018 .
