Mittermüller, Kerstin Anna

Diploma Thesis:
1868

Topic:
Critical evaluation of price increases in construction contracts according to VOB

Editor:
Kerstin Anna Mittermüller

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

Supervisor:
University Supervisor: Dipl.-Ing. Janik Mischke
Operational Supervisor: Dipl.-Ing. Christian Amann, Berger-Bau GmbH

Editing Period:
29.09.2021 until 29.05.2022

Abstract:
This paper critically assesses price increases within the contract construction period in construction contracts according to the German Construction Contract Procedures (VOB). The focus is on the question of whether the contractor is entitled to price increases within the contract construction period for which the client is responsible. In addition, the conditions under which such price adjustment claims by the contractor are justified must be determined. First, the framework conditions under contract law were considered, followed by an analysis of when the contractor has a claim on the merits for price adjustments due to changes or disruptions in the construction process. This showed that such price adjustment claims by the contractor are only justified on the merits in the case of claims under Section 2 VOB/B 2019. Price increases within the contract construction period are to be assigned to the secondary consequences, which may also include reduced costs. These are to be offset against the additional costs. Based on this, various views on price increases during the contract construction period were evaluated by means of examples, which showed that none of the views presented can be agreed with unreservedly. In the course of this, it also had to be established that, as a rule, a contract construction schedule must be available in order to assert such claims. As a result, several recommendations for action were formulated under which conditions price increases within the contract construction period are justified. Due to the unique character of buildings and the associated specific construction processes, the specific facts of the case must always be examined in consideration of the construction contract concluded.