Titel:
Effects of corona - pandemic-related risk analysis and reassessment in private building law
The problem as a whole:
The topic of "corona" could not be more topical. It is the most written and spoken word of our time and, whether on its own or in combination with crisis, pandemic or similar, it is not just the word of the year. In terms of its overall social, economic and legal dimension, it is in no way inferior to historical turning points such as the fall of the Berlin Wall, reunification and 09/11. Accordingly, the construction industry, which is highly complex due to the many interlocking processes and interdependencies, will have to face up to the new legal requirements in construction contract law. Dr Tomic's article, which is well worth reading, provides an important building block for the fundamental reassessment of all contractual relationships in private construction law.
The content:
Building on the existing construction contract risk analysis in accordance with VOB/B and BGB construction contracts before the crisis, Dr Tomic analyses in a risk (re)assessment the legal levers for the practice-relevant transfer of the time and cost risk to the client in the crisis, the resulting need for risk adjustment in the now corona-related contract design, as well as the time and financial risk provisioning in and after the crisis for both sides, i.e. contractor and client.
In: Journal for German and International Construction and Public Procurement Law (ZfBR) 2020, p. 419 - 427, by Dr Alexander Tomic
