Werkvertrags

Werkvertrag is a contract under German law in which the contractor undertakes to create a work or to achieve a defined success, while the client undertakes to pay the price and to accept the result. The legal basis is found in the Bürgerliches Gesetzbuch (BGB), especially §§ 631 ff. for the obligation to perform a work and §§ 640, 634 for acceptance and defect liability. A key feature is the emphasis on a concrete result (Erfolg) rather than merely providing services.

In a Werkvertrag the contractor bears the risk of the success and is responsible for delivering a defect-free result. The client typically must accept the work upon proper completion, or after a formal Abnahme, and payment is due after acceptance or completion as agreed. If the finished work contains defects, the client enjoys Gewährleistungsrechte, including Nachbesserung (cure), potentially Rücktritt (withdrawal) or Minderung (reduction of the price), and damages where appropriate. The specific remedies and time limits for defects are governed by the general and special provisions of the BGB and may vary with the type of work and the contract.

Werkverträge are contrasted with Dienstverträge, where the service is performed with care but without an assured success, and with Kaufverträge, which concern the transfer of ownership of a thing. Common fields for Werkverträge include construction, repair, manufacturing, and software development, where a defined result or product is produced for a prescribed price.