The abbreviation VOB stands for the Procurement and Contract Regulations for Construction Services 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 the VOB generally brings clear advantages for both parties (the client and the construction service provider).

The VOB is divided into:

• VOB/A: General Provisions for the Awarding of Construction Services
• VOB/B: General Terms and Conditions for the Execution of Construction Services
• VOB/C: General Technical Terms and Conditions for Construction Services.

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

For publicly funded construction projects, the VOB is used without exception. Private clients are free to choose whether they wish to use the VOB or the BGB as the contractual basis. However, the VOB has also proven itself in the private sector for establishing clear regulations in the construction process, which is why it is increasingly preferred by clients.

Inadequate Handling of the VOB in Practice
Surprisingly, it can repeatedly be observed that craft companies in particular, but also larger general contractors or property developers, do not handle the VOB correctly.

It is often mistakenly assumed that the VOB has a statutory basis and is always binding unless otherwise agreed. If, for example, construction services are offered to private clients who employ neither architects nor engineers for planning or site supervision, a mere reference to VOB/B in the calculation offer or construction service contract of the service provider is not sufficient for this regulation to be considered mutually agreed upon.

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

Consequences
Particularly for construction contractors or craft contractors, this would mean that in later legal disputes regarding certain matters with the client, they can no longer invoke certain clauses of the VOB if they failed to ensure before the conclusion of the contract that the private client had both gained knowledge of the VOB and given their consent to it.

Especially in larger construction and renovation projects, the amount in dispute can increase massively, which would have serious consequences for the construction service provider in the event of a legal defeat. Particularly when private clients are considered complete laypeople (which is usually the case), it often becomes difficult for a commercial tradesperson (who is regarded by the court as a specialist and expert) to obtain their anticipated claims under the VOB.

The Right Way to Do It
Therefore, it is very important for a construction contractor when submitting an offer to a private client who acts without architects or engineers, to hand over the current version of VOB/B as a written document and have its receipt confirmed with verifiable proof.

In the drafting of the contract, attention should also be paid to ensuring that the VOB is mutually agreed upon as the contractual basis and that the client's instruction regarding this is confirmed by both parties. At the same time, it is of great importance for the contractor to acquire thorough knowledge of the VOB, for example through training measures or regular seminar attendance, as this aspect is treated far too carelessly by many tradespeople or general contractors.

VOB-Compliant Construction Process
For your upcoming construction project, we are happy to assist you in an advisory or site management capacity. Our planning and expert office is available to you in all service phases in accordance with the HOAI and carries out VOB-compliant site supervision and project management.