ScharlemannGross Rechtsanwälte

Publications

Selected publications and notes in construction, procurement and contract law.

2021

  • Original costing (Urkalkulation): significance for the construction contract? AnwZert BauR 15/2021, note 2

2020

  • Claim under sec. 650f BGB: when does limitation begin? AnwZert BauR 6/2020, note 2

2018

  • Remuneration for unsolicited performance under VOB/B and BGB, AnwZert BauR 19/2018

2016

  • Defect risk in the manufacture of a work: when does a defect triggering liability exist? AnwZert BauR 23/2016, note 2
  • Couplings defective: closing the screed is part of defect remedy! IBR 2016, 580
  • Commissioning hourly wage work can lead to employee leasing! IBR 2016, 565
  • Client's control and instruction rights during construction, AnwZert BauR 13/2016, note 1

2014

  • Compensation for loss of use in construction law, AnwZert BauR 23/2014, note 1
  • On the interpretation of change order agreements, AnwZert BauR 7/2014, note 1
  • How to specify the “generally accepted rules of technology”, IBR 2014, 456
  • No proper chimney inspection: whoever plays with fire pays! IBR 2014, 333
  • Performance damaged before acceptance: under a VOB contract the client must pay! IBR 2014, 64

2013

  • Offer not conforming to the bill of quantities? Interpretation takes precedence over exclusion! VPR 2013, 101
  • Standing water on the balcony surface: defective performance! IBR 2013, 677
  • Rectification refused: client must pay despite defects! IBR 2013, 614
  • Costs for change order processing are compensated via unit prices! IBR 2013, 590
  • Independent evidence proceeding: how long can supplementary questions be asked? IBR 2013, 390
  • Hourly wage work must be remunerated on a calculatory basis! IBR 2013, 325
  • Mixed unit price/lump‑sum contract: how to settle after termination? IBR 2013, 267
  • Pipelines must be tight! IBR 2013, 19
  • Despite unambiguous bill of quantities: interpretation possible even against the wording! IBR 2013, 8

2012

  • When is a technical plant “factory refurbished”? IBR 2012, 1362
  • Arbitration agreement and the independent evidence proceeding: a contradiction? IBR 2012, 1050
  • The new ICC arbitration rules – impact on FIDIC contracts, IBR 2012, 1048
  • Delays and defects before acceptance: rights of the client under the BGB construction contract? IBR 2012, 562
  • Arbitration proceedings also have disadvantages! IBR 2012, 438
  • Planning defect: third‑party notice does not cover recourse claims for site supervision errors! IBR 2012, 365
  • Ancillary services to be included in the calculation: no remuneration for special VOB/C services! IBR 2012, 67
  • No timely release after sampling: contractor may claim damages! IBR 2012, 12

2011

  • An order for evidence can relate only to facts — not legal questions! IBR 2012, 6
  • Witness evidence offered for the first time on appeal: admissible or negligent? IBR 2011, 1403
  • The plant construction contract, AnwZert BauR 13/2011, note 2
  • Wind turbine without suitable access road is defective! IBR 2011, 1391
  • Additional performance and sec. 2 no. 6 VOB/B: contractor must also announce the amount of the change order, IBR 2011, 506

2010

  • Legal and factual aspects of building abroad, AnwZert BauR 9/2010, note 1

2009

  • Effects of an under‑the‑table agreement on the construction contract, AnwZert BauR 12/2009

2008

  • No disclosure of subcriteria: return of the procedure even without complaint! IBR 2008, 681
  • Duty to disclose subcriteria and their weighting! IBR 2008, 354

2007

  • Is the joined party entitled to apply for an extension of the suspensive effect? IBR 2007, 1096
  • Question catalogue: weighting of answers after expiry of the tender deadline (excerpt)