Legally Sound Werkverträge for Industry & Construction

Under a Werkvertrag, a specific result (a measurable piece of work) is owed, not merely working time. The right to issue instructions to the personnel lies exclusively with the contractor’s foreman. In addition, the team works on its own responsibility with its own tools and bears the warranty risk.

The risk assessment and the monitoring of occupational safety measures are the responsibility of the executing contractor’s site management. The contractor ensures that all workers are equipped with certified personal protective equipment (PPE) and inspected work equipment.

Payment is strictly based on the agreed work result. It is made either as a lump-sum fixed price according to the bill of quantities or on the basis of verified measurements (e.g., by meters, tons, or units) in accordance with VOB/BGB.

Before work begins, a valid tax exemption certificate (Freistellungsbescheinigung) under § 48b EStG is presented. As the client, you are therefore exempt from the statutory tax withholding of 15% of the invoice or contract amount.

The contractor is liable under the statutory provisions of the BGB (§§ 633 et seq.) or the VOB/B. Any defects must be remedied free of charge as part of subsequent performance (Nacherfüllung). Deadlines are managed through contractually fixed milestones.

No. Technical instructions from the client to individual workers are not legally permitted (risk of covert employee leasing). All arrangements and specifications are made exclusively through the designated project manager or foreman of the Werkvertrag team.