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January 2026 dossier: close gaps between construction packages

Published 13 November 2026

construction contract
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A project can have a signed contract for every trade and still leave an essential task unallocated. The January dossier examines how employers and contractors can identify these gaps before procurement becomes a sequence of disputes.

January 2026 practice dossier. A thematic entry in the annual archive, prepared and legally reviewed on 13 November 2026. This is not a claim that it was published or that legislation changed in that month.

Start with the physical interface

List the points at which one package depends on another: roof and façade waterproofing, steelwork and cladding, power supply and machinery, or drainage and external works. For each point, identify who designs, supplies, installs, tests and documents the connection. Compare the drawings with the written exclusions. A coordination meeting can reveal the gap but does not, by itself, amend every participant’s contractual scope. Record the resulting agreement in the relevant contract documents.

Turn coordination into an approval process

Nominate the person who may approve a technical solution and distinguish that role from authority to agree additional payment. Use a shared issue register recording the drawing version, affected package, required decision and latest decision date. When a proposal changes the promised result, the BGB variation procedure may become relevant; a project manager should not treat every clarification as a free instruction. Check the contract basis before work is committed.

Project review checklist

  • Prepare a package matrix covering design, supply, installation and testing.
  • Resolve inconsistent drawing numbers and exclusions before signature.
  • Record who can approve scope, cost and programme changes.

Four practical examples

These illustrative scenarios are fictional examples, not accounts of client matters.

Roof junction

The roofer excludes a façade junction and the façade contractor assumes it belongs to the roof. Allocate waterproofing and the acceptance test in writing before either package is awarded. Preserve the agreed detail as part of both contract sets.

Electrical capacity

A machine needs more power than the building contractor allowed for. Compare the equipment data sheet with the electrical design. Decide who pays for the increase and who must obtain the connection approval before ordering replacement equipment.

Design responsibility

A supplier offers a complete functioning ventilation system but excludes acoustic design. Identify the promised noise result and assign responsibility for calculating and verifying it; otherwise a technically working system may still fail the contractual requirement.

Commissioning

Each trade completes its individual test, but no one has priced the integrated test. Appoint a coordinator and allocate attendance, documentation and repeat-testing costs rather than leaving commissioning to an informal handover meeting.

Further guidance and sources

Explore the related construction law service

Official statutory text (German)

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Topics: construction contract · General Contractor Agreement · general terms and conditions