Mittwoch, 25.11.2015
Securities for construction and trade companies
from
Ingmar SchullerLawyer
Specialist lawyer for construction and architectural law
Give me a call: 0261 - 404 99 62
E-Mail:
Lawyer Schuller presents the basic principle of the exchange of services in the case of construction and trade services. In particular, the contractor's obligation to provide advance performance can pose an economic risk depending on the scope of the contract. The claim for compensation for work is generally only due upon acceptance.
One solution is to make progress payments, which are now also regulated by law. However, according to the law, progress payments are only to be remunerated to the extent of the increase in value of services provided in accordance with the contract.
However, the law does not provide for advance payments or advance payment. This must be agreed individually.
The construction contractor's security mortgage and the construction contractor's security are further legally regulated instruments for securing remuneration. The 2009 fundamentally revised regulation on building trades security (Section 648a BGB), for example, allows the contractor to request a guarantee and also includes effective means of enforcing the law. However, the contractor may have to bear some of the costs.
The exceptions to the right to provide a §648a BGB security are also discussed in the video.
The video was first broadcast on TV Mittelrhein and Westerwald-TV. Please also note our more recent article on the subject of the building tradesman's security mortgage.
The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.