The abbreviation VOB stands for the Procurement and Contract Regulations for Construction Services and was created by the Federal Republic of Germany from 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 typically brings significant 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 procedures, technical fundamentals for respective trades, or other matters become binding for all contracting parties.

For construction projects by public authorities, 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 their contractual basis. 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 and requested by clients.

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

It is often erroneously assumed that the VOB is a legal basis and that it is always binding anyway, unless otherwise agreed. If, for example, construction services are offered to private clients who do not employ architects or engineers for planning or construction supervision, the mere reference to VOB/B in the calculation offer or construction service contract of the construction service provider is not sufficient for this regulation to be considered consensual.

In fact, the client must be enabled to acquire knowledge about Part B of the VOB in a reasonable manner (VOB - Part B actually regulates the contract 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 on certain matters, they can no longer rely on certain clauses of the VOB if they did not ensure before contract conclusion that the private client both gained knowledge of the VOB and gave their consent to it.

Especially with larger construction and renovation measures, the given dispute value can increase massively here, which would mean serious consequences for the construction service provider in case of a legal defeat. Especially when private clients are considered complete laypeople (this is usually the case), it often becomes difficult for a commercial craftsman (who is considered a technical and subject matter 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 verifiably confirmed.

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 highly relevant for the contractor to acquire good knowledge of the VOB, such as through continuing education 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 assist you with consulting or construction management. 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