How to safeguard your rights when performance fails
Whether a purchase agreement, a contract for work or a complex construction project under the German VOB rules, when the other contracting party fails to fulfil its duties, prompt and legally sound action is required. Defective work, refused rectification or substantial delays often entail significant financial risks.
Contract law is shaped by highly complex, constantly developing case law. Even if the facts seem clear to you, legal enforcement, especially correct quantification of heads of loss, is often difficult and depends on the contract type. Unlike under a services contract, a contractor under a contract for work owes a specific result. Any associated rights and obligations are linked to this distinction.
- Acceptance of work
- Definition of a defect
- Remedial performance
- Damages
- Price reduction
- Self-remedy
- Rescission and termination
- Limitation periods
