Systemic risk during construction work

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The systemic risk during construction is the risk that, despite flawless execution of the works (only) based on the selected system to defects coming. It is fundamentally different from the subsoil risk.

According to German private building law , the system risk, if the system was chosen by the client , normally lies with the client .

There is a systemic risk in the execution of construction work if defects or damage occur in connection with the execution of construction work because a system component provided by the client - such as B. the subsoil or waste body - although it was described abstractly / generally correctly (e.g. waste in the decomposition stage), the individual / concrete reaction in connection with the construction work cannot ultimately be predetermined (e.g. the duration, the Extent and the specific settlement area).

Jurisprudence

  • OLG Munich, judgment of October 15, 2003, Az .: 27 U 89/01

literature

  • Englert / Grauvogl / Maurer, Handbook of Building Ground and Civil Engineering Law, 4th edition 2011, Werner Verlag
  • Klaus Englert, The "systemic risk" in the execution of civil engineering works. Concept, legal consequences and demarcation to success or Subsoil risk, in: Vygen / Böggering (Ed.), Festschrift for Prof. Dr. Götz von Craushaar , pp. 203 ff., 1997.
  • Fitterer, Daniel, Systemic Risk and Obligation to Success in Building Law, Lexxion Publishing House, 2006