Werkverträgen

Werkverträge are contracts in German civil law in which the contractor undertakes to produce a defined result (a Werk) for the client. The client pays the price upon successful completion and acceptance. The defining feature is the obligation to achieve a measurable outcome, not merely to perform tasks over time. This distinguishes Werkverträge from Dienstverträge and Kaufverträge.

Legal basis and scope: The Werkvertrag is governed primarily by sections 631 to 650 of the Bürgerliches Gesetzbuch (BGB). The contract ends with the successful creation and formal acceptance of the specified work. If the result is defective or not delivered, the client can demand remedies, price reduction, or termination, subject to Gewährleistung rules and the contractor’s liability.

Obligations of the contractor and acceptance: The contractor must perform with the agreed level of care and deliver a usable result. The client must cooperate, provide necessary information, and inspect the work. If the work conforms to the contract, the client should issue an Abnahme (acceptance), which transfers risk and triggers payment obligations.

Defect liability and remedies: The contractor is liable for defects in the delivered work and must cure them (Nacherfüllung) within a reasonable period. If cure fails, the client may demand a reduced price or rescission of the contract, and may claim damages under Gewährleistung. The customary warranty period for movable goods is generally two years; different rules apply for real estate.

Termination and practical notes: If the contractor cannot fulfil the agreed result, the client may withdraw or claim damages. In practice, Werkverträge rely on clear specifications, milestone-based payments, and defined acceptance criteria. Common sectors include construction, repairs, and project-based engineering or software development.