The Remodeling Contract (Renovierungsvertrag/Umbauvertrag) is a specialized construction agreement used in Germany when a property requires substantial modification, renovation, or remodeling work. It is essential for projects ranging from residential home improvements to commercial property renovations. This document combines requirements from the German Civil Code (BGB), particularly sections 631-651 on contracts for work (Werkvertrag), with specific construction industry standards (VOB/B) and local building regulations. The contract should be used whenever significant property modifications are planned, requiring detailed specification of work scope, materials, timelines, and quality standards. It includes crucial provisions for warranties, payment schedules, acceptance procedures, and defect remediation, reflecting German law's particular emphasis on formal work acceptance (Abnahme) and contractor liability periods.
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1. Parties: Identification of the contractor (Auftragnehmer) and client (Auftraggeber), including full legal names, addresses, and registration details if applicable
2. Background: Brief context of the remodeling project and purpose of the agreement
3. Definitions: Key terms used throughout the contract, including technical construction terms and contract-specific definitions
4. Scope of Work: Detailed description of the remodeling work to be performed, including specific areas of the property to be remodeled
5. Contract Price and Payment Terms: Total price, payment schedule, conditions for payments, and handling of additional costs
6. Timeline and Completion: Start date, completion date, milestones, and conditions for timeline modifications
7. Materials and Quality Standards: Specifications of materials to be used and quality standards to be met
8. Contractor's Obligations: Responsibilities including permits, safety measures, site maintenance, and compliance with regulations
9. Client's Obligations: Access provisions, necessary approvals, and cooperation requirements
10. Acceptance of Work: Procedures for inspection and formal acceptance of completed work (Abnahme)
11. Warranties and Defects: Warranty period, defect rights, and remediation procedures as per BGB requirements
12. Insurance and Liability: Required insurance coverage and allocation of risks
13. Termination: Conditions and procedures for contract termination by either party
14. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction
1. Subcontractors: Terms regarding the use and management of subcontractors - include when subcontractors will be used
2. Intellectual Property: Rights to designs and plans - include when custom designs are part of the project
3. Environmental Requirements: Specific environmental protection measures - include for projects with environmental impact
4. Living Arrangements: Provisions for occupants during remodeling - include when property will remain occupied
5. Noise and Nuisance: Restrictions on working hours and noise levels - include in residential areas
6. Storage of Materials: Requirements for material storage - include when significant materials storage is needed on site
7. Utilities Usage: Terms for use of client's utilities during remodeling - include when contractor needs to use client's utilities
1. Schedule 1: Detailed Work Specifications: Comprehensive technical specifications of all remodeling work
2. Schedule 2: Floor Plans and Drawings: Architectural drawings, before and after plans
3. Schedule 3: Materials Specifications: Detailed list of materials, brands, models, and quantities
4. Schedule 4: Payment Schedule: Detailed breakdown of payment instalments and triggering events
5. Schedule 5: Project Timeline: Detailed project schedule with milestones and dependencies
6. Schedule 6: Safety Protocols: Safety measures and emergency procedures
7. Appendix A: Permits and Approvals: Copies of all relevant building permits and regulatory approvals
8. Appendix B: Insurance Certificates: Copies of required insurance policies
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