
Procurement and Contract Regulations for Construction Services (VOB)
The VOB is a German set of rules that is now applied to construction contracts throughout Europe. It is neither a law nor a statutory regulation, but is commonly used as the basis for almost all construction contracts and is mandatory for public works projects.
It was developed as early as 1926 out of the desire to create fair conditions in construction law, to create a just balance between the interests of the client and those of the contractor, and to establish clear and uniform legal principles for construction practice.
The first part (VOB/A) regulates general tendering and award provisions and plays a subordinate role in this context.
The second part (VOB/B) regulates all the "rules of the game" (e.g., contract terminations, deadlines, security deposits, warranties, etc.) between construction partners, thus preventing any misunderstandings. It therefore fulfills the function of the general terms and conditions (GTC) in the construction contract.
The technical specifications and clear billing rules can be found in the third part (VOB/C).
I strongly recommend explicitly agreeing on the provisions of this set of rules as the basis for construction and invoicing in the construction contract, or/and formulating any deviating regulations if necessary.
Otherwise, many uncertainties and regulatory gaps will automatically remain, which in practice only brings disadvantages for the building owner.
A building contractor from a German-speaking country should already be familiar with the VOB regulations and agree to their inclusion (possibly with deviations) in the construction contract. If he refuses, ask him for his reasons.
The agreement of these rules creates the basis for clarifying misunderstandings and for reaching out-of-court settlements.