The assignment and contract order for building works and supplies (shortened "“VOB"”) is, a three-part set of clauses valid in the Federal Republic of Germany, which contains regulations for the assignment of construction contracts by public clients and for contents of building contracts.

The assignment and contract order for building works and supplies bears the new name only since the revised version 2002. Before renaming she was called "“contracting regulation for building works and supplies"”. The abbreviation "“VOB"” remained unchanged.

Contents

The VOB contains 3 parts:

• Part A: "“General regulations for the assignment of building works and supplies"” (VOB/A).

It concerns regulations, which are to be considered during the advertisement of construction contracts by "“public clients"”.

One divides into:

public advertisement e.g. with large construction volumes and public interests e.g. Road construction

limited advertisement after public participation competition

limited advertisements e.g. if the expenditures of a public advertisement is

e.g. free-handle assignment of building works and supplies. Due to their characteristic only a special circle, is necessary due to whose well-known achievement/confidence.

• Part B: "“General conditions as per contract for the execution of building works and supplies (VOB/B)"”.

It concerns general conditions as per contract for building contracts. Since the regulations of the BGB in principle valid for building contracts do not offer specific solutions over the work contract for many of the problems arising in the building law, the need after additional regulations often exists. (The work treaty right of the BGB goes out with a static contract, in building contract practice is however nearly always adjustments contract to changed circumstances or desires of the Auftrggebers necessarily.) for this the VOB/B was developed. This must be made by "“public clients"” the component of the building contract. In practice frequently also by private Contracting Parties in building contracts the validity of the VOB/B is agreed upon.

• Part C: "“General technical conditions as per contract for building works and supplies"” (VOB/C).

The VOB/C contains a collection of general technical conditions as per contract (ATV), which were published at the same time also as DIN standards. There is the DIN 18299 (general regulations for construction work of each kind) as general standard and a multiplicity of special regulations for individual trades, for example DIN 18300 (earthwork), DIN 18331 (concrete work), DIN 18338 (roofing and roof waterproofing work). Emphasis of the individual ATV are technical regulations, as the individual achievements of the trade are to be implemented. Further regulations are contained of the account of the achievements over the way.

After "§ 1 No. 1 sentence 2 VOB/B applies then, if in the building contract the validity of the VOB/B, also the VOB/C is agreed upon as a component of the contract.

Emergence

A first version comes from 1926. Since 1947 it belongs to the statutory tasks of the German offer for tender committee (DVA), to compile and further develop principles for the adequate assignment and completion from construction contracts to, in particular by updating of the VOB.

The DVA is a not legally responsible association, to which as members both representatives of the public hand (federation, land Ministries and local central associations) belong and central organizations of the contractors from the building industry. Its activity is to serve the goal of a fair reconciliation between the interests of the clients and the building contractors.

In the years 1952, 1973, 1979, 1988, 1990, 1992, 1996, 1998, 2000 and 2002 versions of the VOB changed in each case were published. Substantial changes contain the version of 2000 and the version of 2002, which serve in particular the adjustment to the law for the modernization of the law of contract. To September 2005 a new version of the VOB/A revised after European Union guidelines comes out.

Renaming

The DVA has itself in the year 2000 renamed in "“German assignment and contract committee for building works and supplies"”. Accordingly also the VOB carries the name "“assignment and contract order for building works and supplies"” since the last revised version in the year 2002 now.

Legal qualification

If the VOB/B is included into a contract, their clauses are to be regarded as general trading conditions. The VOB/B becomes however regarding judicial contents control after "§ FF. BGB granted privilege, if she was transferred invariably to the contract, see "§"§ 308 No. 5, 309 No. 8b FF. BGB.Die compatibility of the VOB/B also with the European right, was judicially determined at the beginning of of 2006.

Related links

• The complete text edition of the VOB in their current version
• Assignment regulation
• Periods in the building law VOB + BGB

Articles in category "Assignment and contract order for building works and supplies"

We found here 2 articles.