Hesse, Kurt-Georg

Diploma Thesis:
1897

Topic:
Market oriented costing in building construction - legal basis and examples of application in public procurement procedures

Editor:
Kurt-Georg Hesse

University Professor Responsible:
Univ.-Prof. Dr.-Ing. Dipl.-Wirt.-Ing. Jens Otto

Supervisor:
University Supervisor: Dipl.-Ing. Friedjörg Vollmer
Operational Supervisor: Dipl.-Ing. Jens Kretzschmar, Hentschke Bau GmbH

Editing Period:
23.05.2022 until 25.10.2022

Abstract:
In this paper, the basics of costing as well as the current case law on public procurement law and construction contract law are interpreted in order to examine the extent to which strategic construction pricing is permissible when forming a bid. The methodology behind the various strategies is examined. On the basis of the case law, a recommendation for action for legally secure calculation is presented. The attempt is made to enforce the economic goals of the company in the preparation of the offer within the limits of the freedom of calculation. Accordingly, the motivation of the bidder is discussed, which leads to the preparation of strategic offers. The application of the limits is explained by means of examples, both economically and legally. Another focus of this work is the preparation of a recommendation for dealing with the scarcity of raw materials within the bidding process. The economic effects (caused by the Ukraine war and the Covid 19 pandemic), which have an influence on the preparation of offers, are included. For this purpose, a possible solution for companies to be able to deal with these enormous risks is shown. Furthermore, the respective risks for both contracting parties are presented. The results of the evaluation of different methodologies were summarised in a recommendation for action.