Ending a construction contract creates a second project: recording what exists and arranging completion. The October dossier focuses on the steps that should accompany a legal review of termination.
October 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.
Distinguish the legal route from the operational plan
Identify who intends to terminate, the contractual and statutory basis and the notices already issued. Different termination routes produce different payment consequences. Section 650h BGB requires written form for termination of a construction contract; an ordinary email should not simply be assumed to satisfy it. Review signatory authority and evidence of receipt before sending the declaration.
Protect the unfinished project
Prepare a joint record of completed work, open defects, materials, equipment and documents. Clarify ownership and access before using items left on site. Plan weather protection, temporary services and safety measures. The replacement contractor needs a reliable description of what remains, including interfaces with existing work. Record completion and remediation costs separately so that final accounts and later claims can be assessed.
Project review checklist
- Check grounds, previous notices, form and receipt.
- Document the state of performance with measurements and photos.
- Organise safe handover, documents and completion procurement.
Four practical examples
These illustrative scenarios are fictional examples, not accounts of client matters.
Email termination
A manager sends a short email after an argument. Review whether a valid termination has occurred before excluding the contractor or appointing a replacement. Form and authority issues can change the next step.
Unfinished roof
Termination is considered while the roof is open. Arrange necessary temporary protection and document responsibility for it. A commercial dispute must not leave the building exposed to avoidable damage.
Stored materials
A replacement contractor wants to use materials left on site. Check ownership, payment and third-party rights before use. The physical location of the materials is not a sufficient answer.
Final measurement
The parties disagree about the completed quantity. Arrange a documented measurement before work is covered or replaced. Later reconstruction from photographs alone may be costly and less reliable.
Further guidance and sources
Explore the related construction law service