werkcontract

Werkvertrag, commonly translated as work contract, is a contract under civil law in which one party, the contractor, undertakes to produce a specific result for another party, the client. The essential feature is the obligation to achieve a defined outcome; payment is typically due upon completion or upon formal acceptance. The risk of the result generally remains with the contractor until the work meets the agreed criteria.

The scope includes creation, modification, repair, or maintenance of goods or services that yield a definite result, such as constructing a building, repairing machinery, or developing software. The client specifies the requirements; the contractor must perform with professional skill, meeting agreed specifications, quality standards, and deadlines.

A key procedural element is the Abnahme, or acceptance, of the work. After completion, the client inspects and formally accepts the work; upon acceptance, the risk passes to the client. If defects are discovered, the contractor bears liability for defects (Mängelhaftung) and may be obliged to cure, replace, reduce the price, or withdraw, depending on the law and contract terms. Warranty periods and remedies vary by jurisdiction and contract.

Differences from other contract types: unlike a Dienstvertrag (service contract), where the obligation is to perform services regardless of a final successful result, a Werkvertrag centers on delivering a specific, verifiable outcome. Compared with a Kaufvertrag, which concerns transfer of ownership of goods, a Werkvertrag focuses on producing or altering a result, potentially involving both goods and services.

Legal basis: in Germany, the Werkvertrag is codified in the Bürgerliches Gesetzbuch (BGB), §§ 631 et seq., which define the rights and duties of the parties, including acceptance, defect liability, and termination.