Building law ticker: BGH, judgement of 26.10.2017, VII ZR 16/17: The construction period claim - compensation during default of acceptance

8. December 2017

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Note from lawyer Annika Kühne, Frankfurt am Main

Facts of the case:

The client commissioned a specialist company to carry out sprinkler work. The parties included the VOB/B (2006) in the contract. The contract provides for binding contractual deadlines for the completion of the respective construction phases. The last contract period ended in October 2010.

As the client did not fulfil its contractual obligations, the contractor was unable to meet the contractual deadlines. The contractor therefore had to continue its services into 2012. This is undisputed between the parties.

The contractor sued the client for reimbursement of increased labour and material costs that it had incurred as a result of not being able to perform parts of the services until after the end of the contract in 2011.

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