May 2019

Young serious businesswoman in suit intently looking away working with papers on street

The preliminary contract

May 27, 2019/in Commercial law, Contract Law/by Daniel Meier-Greve

In the business world, decisions have to be made all the time. Many such decisions consist of having decided on a specific partner for a project, with whom a corresponding contract must then be concluded. The frequent problem is that there is a lack of time or simply a lack of certain clarifications of a factual and/or legal nature to be able to conclude the contract “ad hoc”. This is where the preliminary agreement comes into play, which allows the parties to enter into a binding agreement immediately, even though there are still open points that need to be clarified.

Degree of completion of the work

May 24, 2019/in Commercial law/by Daniel Meier-Greve

The standards relating to the right to refuse acceptance (Section 640 (1) sentence 2 BGB, Section 12 (3) VOB/B) state that acceptance of the work may not be refused due to insignificant defects. There is no statement on the required degree of completion of the work as a prerequisite for acceptance.

However, the question of what degree of completion the work must have reached in order to be considered ready for acceptance is very important, particularly in the case of plant construction, which is usually very complex.

Construction worker with construction level working on a sidewalk

Major deficiency in plant engineering

May 21, 2019/in Commercial law/by Daniel Meier-Greve

Answering the question of whether there is a significant defect is very difficult, especially in often very complex plant construction. The absence of major defects is the decisive prerequisite for acceptance. The latter has considerable legal and practical significance: the start of the warranty periods is regularly linked to this. In addition, the due date of a considerable part of the agreed remuneration generally depends on acceptance.

Construction worker in protective uniform shaking hands with businessman in hardhat at construction

Formal acceptance under building law

May 19, 2019/in Commercial law, Contract Law/by Daniel Meier-Greve

Particularly in the case of complex (plant) construction projects, the contracting parties often agree – usually on the basis of the VOB/B – to carry out a so-called formal acceptance. The following article deals with the question of what such a formal acceptance is actually all about.

Contract law: For the drafting of contracts in construction law

May 15, 2019/in Commercial law, Contract Law, Liability law/by Daniel Meier-Greve

In construction law, especially in the area of plant construction, the general contractor regularly commissioned assumes very considerable risks. A charming way for them to limit these risks can be to pass on contracts or individual relevant contractual terms to their subcontractors.

Group Of Media Students Collaborating On Project

Influencer advertising: The legal confusion set in motion by the Association of Social Competition (VSW) continues.

May 2, 2019/in Commercial law, Nicht kategorisiert/by Daniel Meier-Greve

In the case of Kathy Hummels, the Munich Regional Court (judgment of 29.4.2019, Ref. 4 HK O 14312/18)) considers unpaid posts with product mentions to be obviously advertising and therefore not subject to labeling. This continues the legal confusion set in motion by the Association of Social Competition (VSW).