LEGAL+ NEWS
In my blog post “Can so-called warning associations do anything? – On the liability for damages of warning associations such as the Association of Social Competition (VSW)” I had already reported from practical experience on the fact that so-called warning associations – covered by the courts – are still acting to the detriment of market participants.
With its recent action against influencers, the Association of Social Competition (VSW) has attracted a lot of media attention and thus – unintentionally – finally brought movement to the question of what warning associations may and may not do. The “Handelsblatt” has now – also with my support – in its latest weekend edition of March 15/16/17, 2019 provided valuable clarification regarding the questionable actions of the VSW.
The legal consequence of the actions of VSW and, of course, of any other warning association can be, as I have explained in my article mentioned above above, may include an obligation to pay damages to injured market participants.
LATEST ARTICLES
Degree of completion of the work
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.
Major deficiency in plant engineering
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.
Formal acceptance under building law
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.
CONTACT
+49 (40) 57199 74 80
+49 (170) 1203 74 0
Neuer Wall 61 D-20354 Hamburg
kontakt@legal-plus.eu
Benefit from my active network!
I look forward to our networking.
This post is also available in: DE
