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Home Repair Contract for Germany

Home Repair Contract Template for Germany

A Home Repair Contract under German law (Werkvertrag) is a legally binding agreement between a contractor and a homeowner for specific repair or renovation work on residential property. The contract is governed by the German Civil Code (BGB) and must comply with German consumer protection laws and trade regulations (Handwerksordnung). It details the scope of work, pricing, timeline, warranties, and obligations of both parties, while incorporating specific requirements for construction work and consumer protection under German law. The document includes provisions for quality standards, payment terms, acceptance procedures, and warranty obligations as required by German construction contract law.

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What is a Home Repair Contract?

The Home Repair Contract is essential for documenting agreements between contractors and homeowners in Germany for residential repair and renovation work. It is specifically designed to comply with German Civil Code (BGB) requirements for Werkvertrag (Contract for Work) and includes mandatory consumer protection provisions. This document should be used whenever a contractor undertakes repair work on residential property, whether for minor repairs or significant renovation projects. The contract incorporates crucial elements required by German law, including detailed work specifications, pricing transparency as per Price Indication Regulation (PAngV), warranty provisions, and consumer rights including withdrawal rights for contracts concluded at the homeowner's residence. It serves as a comprehensive legal framework protecting both the contractor's and homeowner's interests while ensuring compliance with German construction and trade regulations.

What sections should be included in a Home Repair Contract?

1. Parties: Identification of the contractor (including trade license details) and the homeowner with full legal names and addresses

2. Background: Brief context of the repair work needed and the homeowner's intention to engage the contractor

3. Definitions: Key terms used throughout the contract including technical terms specific to the repair work

4. Scope of Work: Detailed description of the repair services to be performed, including specific areas of the home to be repaired

5. Contract Price and Payment Terms: Total cost, payment schedule, and method of payment, including any deposits required

6. Timeline: Start date, completion date, and any specific milestones or phases of work

7. Contractor's Obligations: Specific responsibilities including quality standards, materials, safety measures, and compliance with regulations

8. Client's Obligations: Homeowner's responsibilities including access to property, utilities provision, and necessary permissions

9. Materials and Equipment: Specification of materials to be used, their quality standards, and responsibility for procurement

10. Warranties and Guarantees: Statutory and additional warranties for the work performed, including duration and scope

11. Acceptance of Work: Process for inspection and formal acceptance of completed work, including documentation requirements

12. Liability and Insurance: Insurance requirements, liability limitations, and risk allocation between parties

13. Termination: Conditions and process for contract termination by either party

14. Governing Law: Confirmation of German law application and jurisdiction

What sections are optional to include in a Home Repair Contract?

1. Subcontractors: Include when the contractor may need to engage subcontractors, specifying approval requirements and liability

2. Permits and Approvals: Include when specific building permits or authority approvals are required for the repair work

3. Waste Disposal: Include for repairs generating significant waste or requiring special disposal procedures

4. Additional Work: Include procedures for handling additional work requests or unforeseen necessary repairs

5. Penalty Clauses: Include when specific penalties for delays or non-performance are agreed upon

6. Right of Withdrawal: Include detailed withdrawal rights when contract is concluded at homeowner's residence

7. Storage of Materials: Include when materials need to be stored on site for extended periods

8. Noise and Nuisance: Include when work may impact neighbors or require specific working hours

What schedules should be included in a Home Repair Contract?

1. Schedule 1: Detailed Work Specification: Detailed technical specifications of all repair work to be performed, including measurements and materials

2. Schedule 2: Price Breakdown: Itemized cost breakdown including materials, labor, and any additional charges

3. Schedule 3: Project Timeline: Detailed project schedule showing all phases of work and specific milestones

4. Schedule 4: Material Specifications: Detailed specifications of all materials to be used, including brands, qualities, and quantities

5. Appendix A: Property Photos: Pre-work photographs documenting the current state of the repair areas

6. Appendix B: Contractor Qualifications: Copies of relevant licenses, certifications, and insurance documents

7. Appendix C: Warranty Certificates: Manufacturer warranties for materials and contractor warranty for workmanship

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Germany

Publisher

Genie AI

Document Type

Service Agreement

Cost

Free to use
Relevant legal definitions







































Clauses






























Relevant Industries

Construction

Real Estate

Home Improvement

Home Services

Property Management

Building Materials

Insurance

Residential Construction

Trade Services

Relevant Teams

Legal

Operations

Construction

Contract Administration

Property Management

Quality Assurance

Risk Management

Customer Service

Procurement

Compliance

Relevant Roles

Construction Manager

General Contractor

Project Manager

Legal Counsel

Contract Administrator

Property Manager

Facility Manager

Construction Site Supervisor

Quality Control Inspector

Procurement Manager

Risk Manager

Claims Manager

Compliance Officer

Customer Relations Manager

Building Services Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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