The abbreviation VOB stands for the German Construction Contract Procedures and was created by the Federal Republic of Germany out of the need to establish a fairer balance between contractors and clients for construction services in construction law (cf. Klaus D. Siemon, 2016: p. 70).
The application of VOB typically brings significant advantages for both parties (client and construction service provider).

The VOB is divided into:

• VOB/A: General Provisions for the Award of Construction Contracts
• VOB/B: General Contract Conditions for the Execution of Construction Work
• VOB/C: General Technical Contract Conditions for Construction Work.

When the German Construction Contract Procedures (VOB) is chosen as the contractual basis between project participants, strict regulations regarding construction delays, defect management, concerns by project participants, invoice review, quantity surveying, documentation, acceptance, technical foundations for respective trades, or other matters become binding for all contracting parties.

For public construction projects, VOB is used without exception. Private clients are free to choose whether to use VOB or the German Civil Code (BGB) as their contractual basis. However, to establish clear regulations in the construction process, VOB has also proven successful in the private sector, which is why it is increasingly preferred by clients.

Deficient handling of VOB in practice
Surprisingly, it can be repeatedly observed that especially craft companies but also larger general contractors or developers do not handle VOB correctly.

It is often erroneously assumed that VOB is a legal foundation and is always binding unless otherwise agreed. For example, when construction services are offered to private clients who employ neither architects nor engineers for planning or project supervision, a mere reference to VOB/B in the contractor's quotation or construction contract is not sufficient for this regulation to be considered mutually agreed upon.

In fact, the client must be enabled to acquire knowledge of Part B of VOB in a reasonable manner (VOB Part B regulates the contractual conditions in the area of construction execution services).

Consequences
Especially for construction contractors or craft contractors, this would mean that in later legal disputes with the client regarding certain matters, they can no longer rely on certain clauses of VOB if they have not ensured before contract conclusion that the private client has both acquired knowledge of VOB and given their consent to it.

Particularly in larger construction and renovation projects, the dispute value can increase massively, which would have serious consequences for the construction service provider in case of legal defeat. Especially when private clients are considered complete laypeople (which is usually the case), it often becomes difficult for commercial craftsmen (who are considered technical and subject matter experts in court) to obtain their hoped-for claims under VOB.

How to do it right
Therefore, it is very important for construction contractors when submitting offers to private clients who operate without architects or engineers to hand over the current version of VOB/B as a written document and have its receipt verifiably confirmed.

In contract design, attention should also be paid to ensuring that VOB is mutually agreed upon as the contractual basis and that the instruction of the client is confirmed by both parties. At the same time, it is highly relevant for the contractor to acquire good knowledge of VOB, such as through continuing education measures or regular seminar attendance, as this aspect is treated far too carelessly by many craftsmen or general construction contractors.

VOB-compliant construction process
For your upcoming construction project, we are happy to provide advisory or construction management support. Our planning and expert office is available to you in all service phases according to HOAI and conducts VOB-compliant project supervision and project management