Craftsmen’s rights must not be curtailed!

ZDH Secretary General Holger Schwannecke demands that warranty and construction contract law be improved – and in separate procedures! The ZDH is committed to this.

DHB: Current defect law forces tradespeople to bear the removal and installation costs for defective materials. The current draft law does give tradespeople a corresponding claim for compensation from their suppliers. However, these suppliers have the option of excluding their liability in their general terms and conditions. What is the ZDH doing about this?

Swan neck: The Federal Ministry of Justice has made the right fundamental decision with its draft: For the first time, there will be a claim for reimbursement of the costs of removal and installation against the actual cause of a material defect. This is good for the skilled trades. For this positive approach to take effect in practice, it should now be ensured that retailers cannot restrict the rights of tradespeople in their general terms and conditions. While the draft indirectly prohibits retailers from completely excluding the rights of tradespeople and other entrepreneurs, this is not sufficient and leads to legal uncertainty in commercial transactions. In practice, a clear prohibition on any curtailment of the rights of tradespeople is needed. The ZDH is also advocating for clear regulation in the further parliamentary process.

DHB: It's not just skilled tradespeople who are affected, but also medium-sized industrial companies, such as plant engineering. Is there a common strategy?

Swan neck: The interests of all manufacturing sectors are essentially the same – whether craft businesses or industrial family businesses, they're all in the same boat. However, the large suppliers are apparently dictating the course of action. This is regrettable. Given this mixed situation, it's all the more important that the skilled trades continue to act as one and speak with one voice.

DHB: Does the ZDH support the initiative “With one voice”who wants to start an online petition?

Swan neck: The "With One Voice" initiative is a committed campaign. It demonstrates the personal commitment of local skilled tradespeople. We agree with the initiators that this initiative underpins the political demands of the ZDH. While the draft law has fulfilled the goal of a petition, the initiative's online presence remains a strong signal for the ongoing political decision-making process.

DHB: Various trade associations, including the plumbing, heating, and air-conditioning trades and the electrical trades, have signed liability agreements with many manufacturers. What do you recommend to member companies if the law is passed in its current form?

Swan neck: Industry-specific liability agreements offer craft businesses real added value, but are not suitable for every industry. This will continue to be the case in the future. The agreements regulate the rights and obligations of industrial manufacturers and craft businesses in detail and specifically for liability cases in their respective industries. Abstract laws cannot achieve this. The enforcement of these contractually agreed rights will therefore be less susceptible to legal disputes and will continue to be more smooth than is possible with recourse to statutory provisions. Furthermore, liability agreements ensure direct access to manufacturers, whereas the law only provides for claims against the direct material supplier. Therefore, craft businesses can continue to rely primarily on the liability agreement, if one exists.

DHB: The reform of warranty law was linked to the reform of construction contract law. Construction contract law – that's a controversial topic for the construction industry. Why?

Swan neck: The deliberations surrounding the introduction of statutory construction contract law have a long history. A working group at the Federal Ministry of Justice and Consumer Protection met on this topic for almost four years. It was primarily composed of academics and representatives of housing associations and consumer advocates. The ZDH, ZDB, and HDB submitted their own statements in opposition to the final report.

With the publication of the draft bill, our fears have unfortunately come true. Massive infringements on the rights of construction companies are planned. Examples include the unilateral right to issue orders, the lack of a dispute resolution mechanism, and the limitation of the security deposit when agreeing on installment payments. In addition, there are many other critical detailed provisions. The best approach would therefore be to separate the proposed legislation from each other during the parliamentary process. The ZDH will advocate for this.

The questions were asked by Anne Kieserling; Photo: © ZDH