liability law
Who is liable for an unsuitable building material?
The Higher Regional Court (OLG) Dusseldorf has consolidated in agreement with the federal court the very rigid law for the transition of the liability risk of Construction on the building owner for disabled building materials.
Liability then come in only three cases in question:
The client provides the material itself is available.
The client chooses a specific game itself.
The builder expressly assigns a different building materials as the one who is called in the specifications.
it was not enough, if his client's view of the judge right enshrined in the bill perceive and select the color of a building material. The contractor remains responsible for ensuring that the building was likely to reach the work success. This also does not change the fact that the architect of the client after delivery, confirm that it is the selected material constitutes (OLG Dusseldorf, 22 U 114/05).
compensation for work
Testable final bill, maturing in BGB-contract
The maturity of the wages to depend on a construction contract under the Civil Code (BGB) is not the presentation of a verifiable final bill, particularly not to the presentation of stock allowances from.
The Higher Regional Court (OLG) has finally decided Dresden. The Bundesgerichtshof (BGH) has rejected the appeal of the client against the denial of review.
Important: The Court of Appeals also pointed out that a client within two months of receiving the final invoice must make specific complaints against the verifiability. If he lets that period, the invoice shall be due in any case - and thus verifiable. Then the client can only deny their accuracy (OLG Dresden, 18 U 2297/04, BGH, VII ZR 257/05).
contract law:
high hurdles for Termination for cause
It is not so rare that builders and contractors argue over the extent to which the contractor can keep the staff employed with the completion date. If the client is of the opinion that the contractor could not provide and he flirts with an immediate termination of the contract, which is extremely risky for him. The
, the Higher Regional Court (OLG) Cologne clarified. To a termination for cause he believes the judge only if the conduct of the contractor constitutes a very serious infringement. It should be clear that it avoids the contract date culpable in any case be able to comply. Otherwise, it re-interpret an (unauthorized) immediate termination without notice of default and the threat of termination in a free cancellation. The contractor was entitled to the agreed compensation expenses, less expenses.
Note: Often, a construction schedule exists with individual deadlines. These individual periods for the contractor only be binding if agreed in the contract (OLG Köln, 11 U 48/04).
road safety management
fence allowed in the general traffic area protrude
It is not a violation of the duty to maintain safety when the concrete feet, on which a fence is, about 30-40 cm protrude into the general circulation space.
had used that argument from the Local Court (AG) down the complaint of a woman who had called for a construction company for damages. The construction company had secured a construction site by a fence. This was mounted on concrete feet, about 70 cm long, 15 cm high and were 23 cm wide. The concrete feet sticking out on both sides of the fence about 35 cm. The woman was injured in the collapse of one of the legs.
A claim for damages did not exist, according to the AG. The road safety management commands, only those measures that are prudent and reasonable, within reasonable limits cautious person to believe is necessary and sufficient to preserve for others from harm. It must result anticipate the obvious risk of legal protection violations. Only if such a risk exists, precautions were taken. These would then be appropriate depending to avert the threat of injury to the danger and the safety expectations in an economically reasonable. In addition to a remedy was intended also to a not very distant Improper use. Present case, the installation of the fence on the side correspond to outstanding concrete feet the general requirements. This body style was also necessary to ensure stability. Besides, he adds concrete feet were clearly visible. A fall question therefore appears to be the creation of the ordinary risks of life (AG Daun, 3 C 343/06, rkr.).
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