1、September 2016 English price group 9No part of this translation may be reproduced without prior permission ofDIN Deutsches Institut fr Normung e. V., Berlin. Beuth Verlag GmbH, 10772 Berlin, Germany,has the exclusive right of sale for German Standards (DIN-Normen).ICS 91.010.20!%2U“2561550www.din.de
2、DIN 1961German construction contract procedures (VOB) Part B: General conditions of contract relating to the execution of construction work,English translation of DIN 1961:2016-09VOB Vergabe- und Vertragsordnung fr Bauleistungen Teil B: Allgemeine Vertragsbedingungen fr die Ausfhrung von Bauleistung
3、en,Englische bersetzung von DIN 1961:2016-09Cahier des charges allemand pour des travaux de btiment (VOB) Partie B: Clauses gnrales pour lexcution des travaux de btiment,Traduction anglaise de DIN 1961:2016-09SupersedesDIN 1961:2012-09www.beuth.deDocument comprises 28 pagesDTranslation by DIN-Sprach
4、endienst.In case of doubt, the German-language original shall be considered authoritative.09.16 DIN 1961:2016-09 2 Contents Page Foreword 3 German construction contract procedures Part B (VOB/B) Notes on VOB/B, 2016 edition 5 VOB/B: General conditions of contract relating to the execution of constru
5、ction work 7 1 Nature and extent of work . 7 2 Remuneration . 7 3 Documentation . 9 4 Execution of work . 10 5 Periods of completion of work . 13 6 Hindrance and interruption of work . 14 7 Distribution of risk . 15 8 Termination by client 15 9 Termination by contractor . 17 10 Liabilities of contra
6、cting parties . 17 11 Penalties 18 12 Acceptance . 19 13 Warranty claims 20 14 Settlement of accounts . 22 15 Hourly wage work . 22 16 Payment . 23 17 Surety . 25 18 Disputes . 27 DIN 1961:2016-09 3 Foreword This document has been prepared by the Deutscher Vergabe- und Vertrags-aussschuss fr Bauleis
7、tungen (DVA) (German Committee for Construction Contract procedures). Amendments This standard differs from DIN 1961:2012-09 as follows: a) the document has been revised in form and content to reflect developments in the construction sector. The original German text of the document has been adapted
8、so as to be identical with VOB Part B in the version printed in the 2016 Bundesanzeiger (Federal Gazette).*)b) the primary reason for this revision of VOB/B (DIN 1961) was to implement Articles 71 and 73 of Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on pub
9、lic procurement; c) in 4 clause (7) sentence 3, and clause (8) no. 1 sentence 4, the words “to withdraw the contract if, on expiration of the deadline.” have been replaced by the words “to terminate the contract if, on expiration of the deadline.”; d) 4 clause (8) no. 3 now reads as follows: “3. The
10、 contractor shall provide the client, without being requested to do so, with the name(s) of his subcontractors and their subcontractors, including their legal representatives and contact information, no later than the time at which the subcontractor(s) begin(s) to work. At the clients request, the c
11、ontractor shall submit descriptions and proof of the suitability of his subcontractors”; e) in 5 clause (4), the words “to withdraw the contract if, on expiration of the deadline, the contract has not been duly fulfilled” have been replaced by the words “to terminate the contract if, on expiration o
12、f the deadline, the contract has not been duly fulfilled”; f) in 8 clause (3) no. 1 sentence 1, the text in parentheses “(withdrawal of contract)” has been deleted; g) in 8 clause (3) no. 1 sentence 2, and no. 2 sentences 1 and 2, the words *)https:/www.bundesanzeiger.de DIN 1961:2016-09 4 “withdraw
13、al of the contract” have been replaced by “termination of the contract”; h) 8 clause (4) now reads as follows: “The client may terminate the contract, 1. if the contractor has, to gain the contract, entered into a price agreement which amounts to an unacceptable restraint of competition. Clause (3)
14、no. 1 sentence 2, and nos. 2 to 4 shall apply accordingly. 2. where this has been included in the scope of Part 4 of the Gesetz gegen Wettbewerbsbeschrnkungen (GWB) (German Act Against Restraints of Competition), a) if, due to grounds for a compulsory exclusion that existed at the time contracts wer
15、e awarded, the contractor should not have been awarded the contract. Clause (3) no. 1 sentence 2, and nos. 2 to 4 shall apply accordingly. b) where considerable changes have been made to the contract or where a serious breach of the Treaty on European Union (TEU) and the Treaty on the Functioning of
16、 the European Union (TFEU) has been established by the European Court of Justice. The work actually executed shall then be paid for in accordance with 6 clause (5). Any claims for damages by either party shall remain unaffected. Notice of termination shall be given within twelve working days after d
17、isclosure of the reason for such termination.”; i) after 8 clause (4), a new clause, clause (5), has been added: “Where, regardless of the scope of Part 4 of the Gesetz gegen Wettbewerbsbeschrnkungen (GWB) (German Act Against Restraints of Competition), the contractor has assigned the work, in whole
18、 or in part, to a subcontractor, then the contractor also has the right to terminate that contract in accordance with clause (4) no. 2 b), if the contract naming him as the contractor (main contract) has been terminated in accordance with clause (4) no. 2 b). The same applies to each client along th
19、e chain of subcontractors, where that clients respective client has terminated the contract in accordance with sentence 1.”; j) clauses (5), (6) and (7) of 8 are now clauses (6), (7) and (8). Previous editions DIN 1961: 1926-05, 1934-08, 1937-01, 1937-06, 1952x-11, 1973-11, 1979-10, 1988-09, 1990-07
20、, 1992-12, 1996-06, 1998-05, 2000-12, 2002-12, 2006-10, 2010-04, 2010-08, 2012-09 DIN 1961:2016-09 5 German construction contract procedures Part B (VOB/B) Notes on VOB/B, 2016 edition In implementing Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public pr
21、ocurement into German law, the Deutscher Vergabe- und Vertragsaussschuss fr Bauleistungen (DVA) (German Committee for construction contract procedures) decided to modify VOB/B (DIN 1961) not only to ensure the provisions relating to public procurement laid down in Directive 2014/24/EU are implemente
22、d in German procurement law, but also to incorporate into VOB/B (DIN 1961) the legal provisions relating to contracts laid down in Articles 71 and 73 of Directive 2014/24/EU. Reasons for each provision are given below: Re 4 clause (8) no. 3 VOB/B This new wording incorporates into VOB/B (DIN 1961) t
23、he provisions laid down in Article 71 (5) subparagraphs 1, 2, 3 and 4 b) of Directive 2014/24/EU. Re 8 clauses 4 and 5 VOB/B The change in clause (4) reflects the addition of 133 to the Gesetz gegen Wettbewerbsbeschrnkungen (GWB), which implements Article 73 of Directive 2014/24/EU. The new grounds
24、for an extraordinary termination of contract by the client as standardized here, and the legal consequences of such a termination as regards remuneration and payment of damages have been incorporated into VOB/B (DIN 1961) and integrated into the existing catalogue of grounds for termination and cons
25、equences as given in 8. The new clause (5) allows contractors to also terminate contracts with their subcontractors for exceptional reasons, as soon as the client has terminated the main contract due to considerable changes to the contract or to breach of contract proceedings in front of the Europea
26、n Court of Justice, provided the contractor and his contractors have agreed on a contract in accordance with VOB/B (DIN 1961), and thus have agreed on 8 clause (5) of this document. In this manner contractors do not have to face the legal consequence of full remuneration of their subcontractors in t
27、he case of an extraordinary termination of contract. The same possibility is given to all clients along the subcontracting chain wherever agreement has been made according to VOB/B (DIN 1961). DIN 1961:2016-09 6 Re 4 clause (7), clause (8) no. 1, 5 clause (4) and 8 clauses (3) and (4) VOB/B The pure
28、ly editorial alteration of the terms “withdrawal of the contract” and “withdraw”, and their replacement with “termination of the contract” and “terminate” has unified the terminology in VOB/B relating to contract termination. The previous use of different terms had no legal relevance. DIN 1961:2016-
29、09 7 VOB/B: General conditions of contract relating to the execution of construction work1) 1 Nature and extent of work (1) The nature and extent of the work to be executed shall be set out in the contract. The “General technical specifications in construction contracts (ATV)” (DIN 18299 = VOB/C) al
30、so form part of the contract. (2) In the event of inconsistencies in the contract, its separate parts shall take precedence in the following order: 1. the specification of works, 2. the special conditions of contract, 3. any supplementary conditions of contract, 4. any supplementary technical specif
31、ications, 5. the “General technical specifications in construction contracts” (DIN 18299), 6. the general conditions of contract relating to the execution of construction work (i.e. the present standard). (3) The client has the right to order alterations to the design. (4) Work which, though not inc
32、luded in the original contract, is found to be necessary for its completion, shall also be carried out by the contractor at the clients request unless the contractors business is not equipped for the purpose. Other work may only be allocated to a contractor with his consent. 2 Remuneration (1) The c
33、ontract sum shall remunerate the contractor for all work forming part of the contractual performance under the terms of the specification of works, the special conditions of contract, the supplementary conditions of contract, the supplementary technical specifications, the general technical specific
34、ations in construction contracts (i.e. DIN 18299), and in accordance with usual business practice. 1)The DVA recommends that these General Terms and Conditions be solely applied in any dealings with businesses, legal entities under public law, and separate estates ( 310 BGB). DIN 1961:2016-09 8 (2)
35、The sum payable shall be calculated on the basis of the unit prices specified in the contract and of the work actually executed if no other method of calculation (e.g. lump sum payment, hourly wage rates, cost reimbursement) has been agreed. (3) 1. If the quantity of a work or part work for which a
36、unit price has been agreed differs on completion from that provided for in the contract by no more than 10 %, then the unit price agreed shall apply. 2. If, on completion, the quantity of a work exceeds that originally estimated by more than 10 %, a new price shall be agreed on request which takes t
37、he increase or reduction in costs into account. 3. If, on completion, the quantity of the work done is more than 10 % lower than that originally estimated, the unit price for the quantity of the actual work or part work executed shall be increased on request unless the contractor can be compensated
38、by increasing the quantity of works under other items, or in some other way. The unit price increase shall be more or less equal to the increment given by reapportioning the site facilities costs, the site overheads, and the general business costs to the reduced quantity of work. Value-added tax sha
39、ll be refunded on the basis of the new price. 4. If other works for which a lump sum has been agreed are contingent upon the execution of a work or part work for which a unit price has been agreed, then an appropriate adjustment of the lump sum may be demanded if the unit price is changed. (4) If wo
40、rk stipulated in the contract for execution by the contractor is taken on by the client himself (e.g. supply of construction materials, auxiliary materials, fuel or power), then, unless otherwise agreed, 8 clause (1) no. 2, shall apply accordingly. (5) If, as a result of alterations to the design or
41、 other instructions given by the client, the basis of the price calculation provided for in the contract has also changed, a new price shall be agreed to allow for the increase or reduction in costs of works. Agreement on this price shall be reached prior to the execution of the work. (6) 1. If the
42、contractor is called upon to undertake work not provided for in the contract, then he shall be entitled to receive special remuneration for such work. He is, however, required to notify the client of his claim before proceeding with the work. 2. The special remuneration shall be determined on the ba
43、sis of the price calculation for the contractual work and of the extra costs entailed by the work in question. Where possible, the sum due shall be agreed before proceeding with the work. DIN 1961:2016-09 9 (7) 1. If a lump sum has been agreed as remuneration, it shall remain unchanged. If, however,
44、 the work executed differs from the work provided for in the contract to such an extent that the client or the contractor cannot reasonably be expected to be bound by the lump sum ( 313 of the Brgerliches Gesetzbuch (BGB) (German Civil Code), then compensation shall be granted on request to allow fo
45、r the increase or reduction in costs. The amount of compensation shall be determined on the basis of the original price calculation. 2. The specifications of clauses (4), (5) and (6) above also apply where a lump sum has been agreed. 3. Unless otherwise agreed, clause (7) nos. 1 and 2 above, shall a
46、lso apply for lump sums agreed for parts of the work, clause (3) no. 4, remaining unaffected. (8) 1. Work executed by the contractor without instructions to do so, or as an unauthorized departure from the provisions of the contract, will not be remunerated. The contractor shall undo the work on requ
47、est within a reasonable period; otherwise, this may be done at his expense. The contractor shall also be liable for any consequential damages which the client may suffer from this. 2. However, the contractor is entitled to receive remuneration for such work if the client subsequently accepts it. He
48、is also entitled to remuneration if the work was necessary for the completion of the contract, might be considered to comply with the presumed intention of the client, and if the latter was given immediate notice of it. If the contractor is entitled to remuneration, clause (5) or (6) above shall app
49、ly. 3. The provisions of the Brgerliches Gesetzbuch relating to agency without authority ( 677 ff.) shall remain unaffected. (9) 1. If the client requires the contractor to submit drawings, calculations, or other documents which he is not required to submit under the terms of the contract particularly under those of the technical specifications or according to usual business practice, then these shall b
