A construction contract should turn the technical scope into clear responsibilities, a workable price mechanism and enforceable project milestones. We advise on the documents before signature and on contractual issues that emerge during delivery.
Choose the right contractual structure
Separate trade contracts, general contractor appointments, design-and-build packages and EPC contracts allocate design and interface risks differently. Identify who supplies the design, who coordinates the trades and which obligations depend on permits or employer decisions. A lump sum alone does not settle whether an item belongs to the agreed scope.
The BGB provides the statutory framework. VOB/B is a set of contractual conditions and must be effectively incorporated; it is not an automatically applicable construction statute. Amendments and additional standard terms require a coordinated review, including control of unfair standard terms.
Translate the specification into a workable agreement
We review the document hierarchy, drawings, performance criteria, programme, access obligations, payment milestones, security and acceptance procedure. Particular attention goes to exclusions, provisional items and conflicting tender clarifications. The agreement should explain who may instruct changes and how instructions are recorded.
Consumer construction and developer contracts can involve additional protective provisions and formalities. A contract for one trade is not automatically a consumer construction contract. Classification should be settled before selecting a template.
Manage the contract throughout delivery
Keep a signed contract set, a live instruction register and a contemporaneous record of decisions. Agree the commercial consequences of changes while evidence is available. Before suspending work, withholding a substantial payment or terminating, assess the legal prerequisites and the impact on the remaining project.
Four practical examples
Illustrative scenarios: the appropriate steps depend on the contract, evidence and applicable law. These are not reports of client matters.
A missing interface
The façade supplier excludes waterproofing at roof junctions. Before award, define the interface and testing responsibilities so that two apparently complete packages do not leave a gap.
Conflicting tender documents
A drawing specifies a higher fire rating than the price schedule. Check document precedence and clarify the required performance before relying on the cheaper item.
A design-and-build promise
The contractor offers a complete functioning facility. Identify which performance outcomes it has promised and which design assumptions remain with the employer.
A phased appointment
A developer wants to instruct only the first stage. Draft clear options, expiry dates and price rules instead of implying an unconditional commitment to all phases.
Documents that help us assess your position
The tender, signed contract, incorporated conditions, specifications, drawings, clarifications, programme and any existing instructions.
Discuss your project or dispute
Tell us where the project is located, who is involved and whether a deadline is approaching. We can then clarify the scope of the proposed engagement and the next steps.
Related construction law services
Legal framework & further reading
Reviewed: 12 November 2026. Statutory references are to German law unless stated otherwise.