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

The VOB is divided into:

• VOB/A: General provisions for the procurement of construction services
• VOB/B: General contract conditions for the execution of construction services
• VOB/C: General Technical Contract Conditions for Construction Services.

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

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

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

Often it is erroneously assumed that the VOB is a legal foundation and is always binding anyway, unless otherwise agreed. For example, when construction services are offered to private clients who use neither architects nor engineers for planning or construction supervision, the mere reference to VOB/B in the contractor's calculation offer or construction service contract is not sufficient for this regulation to be considered consensual.

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

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

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

How to do it right
Therefore, it is very important for a construction contractor when submitting an offer to a private client who operates without architects or engineers, to hand over the current version of VOB/B as a written document and have its receipt confirmed with proof.

In contract design, attention should also be paid to ensuring that the VOB is consensually agreed upon as the contractual basis and that the instruction of the client about this is confirmed by both parties. At the same time, it is of high relevance for the contractor to acquire good knowledge about the VOB, such as through training measures or regular seminar attendance, as this aspect is viewed 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 construction supervision and project management