Independent contractors receive a disability
Specialist literature Comments and manuals Construction contract law according to BGB and VOB / B Part 2 VOB / B § 6 VOB / B Obstruction and interruption of execution B. Obstruction of execution (§ 6 Paragraph 1 to Paragraph 4) II. Effects
Construction contract law according to BGB and VOB / B
Mark von Wietersheim
3. Obligations of the contractor in the event of disabilities (Section 6 (3) VOB / B)
From § 6 Abs. 3 VOB / B there are obligations for the contractor in the event of a handicap. These obligations apply to the contractor regardless of whether the hindrance results in an extension of the execution deadlines.
As long as the hindrance persists, the contractor is obliged in accordance with Section 6 (3) sentence 1 VOB / B to take all reasonable measures to enable the construction work to continue. The aim of the measures is, depending on the extent of the hindrance, to secure the structure that has already been built and - as far as possible - to continue at least some of the work at the same time. The tasks that can be expected of a contractor can only be determined on a case-by-case basis. The reasonableness of a service essentially depends on the contribution made by the contractor to the cause of the handicap. The following applies: The more responsibility the contractor bears for the causes of a disability, the greater the demands on him. If the contractor is solely responsible for the cause of the obstruction, he must do everything in his power to eliminate the disturbance. In this respect, the contractor must also bear any additional costs. If a third party is responsible for the cause of the disability, the contractor must at least encourage the elimination of the causes. As a rule, however, the contractor does not have to assume any additional financial expense.
If the hindrance ends, the contractor is obliged to resume work immediately in accordance with Section 6 (3) sentence 2 VOB / B. Immediately means without culpable hesitation. In addition, he must inform the client about the resumption of work. The notification of the resumption should be made in accordance with the requirements for notification within the meaning of Section 6 (1) VOB / B.
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