The work included foundation work for the garden and a rose bed. (Photo: © Philipp Bird/123RF.com)
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May 2026
A landscaper receives his payment because the client's site manager checked the invoices and confirmed certain quantities of building materials. The Schleswig Higher Regional Court places the burden of proof on the client.
Has the customer received the items listed by the tradesman? Material quantities approved – including 100 kilos of tile adhesive – he can later question this, but he must also account for the quantity discrepancy. to proveIn one case before the Higher Regional Court of Schleswig, he was unsuccessful because the works had already been built over.
Contrary to popular belief, a to Pay or a signed Measurement but no legal recognition the customer for the work performed by the contractor.
A landscaper redesigned a client's garden. Several additional jobs followed, the scope of which later led to a dispute. The landscaper submitted multiple invoices, including for a front entrance platform, foundation work, and a rose bed. Construction manager, whom the customer had authorized, checked these invoices. Included confirmed he also certain Mengen of the building material, for example 310 m² of base course and 100 kilograms of tile adhesive.
Within the Handover Completion The site manager pointed out several defects. The landscaper explained that he had rectified these defects and demanded approximately... 33.000 euros contract priceThe customer objected and claimed further defects.
Operations management
Operations management
Operations management
The case went to court. The regional court largely ruled in favor of the tradesman. The customer appealed to the Higher Regional Court. doubted especially the ones used Material quantities the craftsman – including the 100 kilos of tile adhesive,
The Higher Regional Court of Schleswig sided with the landscaper. At the same time, it emphasized: Checks the customer on account, lies within no law Recognition of the invoice content. He may therefore still later include the checked quantities denyBut: Has the customer or their authorized representative previously specified the quantities? approved If the services can no longer be inspected later because they have been built over, the customer bears the costs. Burden of proof. He must therefore prove that the craftsman's quantity specifications were incorrect.
That's precisely where the customer ran into trouble: His site manager had, among other things, 310 m² of base course and 100 kg of tile adhesive. approvedTherefore, the customer had to to provethat actually fewer Material was installed. He failed. The court estimated the quantities according to § 287 Code of Civil Procedure and based its decision on the values confirmed by the customer.
According to the ruling, the acceptance by the site manager was also valid. In this context, the Higher Regional Court clarified the fundamental question: Is the work ready for acceptanceThe contractor can also claim payment for work performed without acceptance demand.
In total, the Higher Regional Court awarded the gardener €23.188,81, partly in exchange for the rectification of defects.
Schleswig-Holstein Higher Regional Court, Judgment of April 22, 2026, Ref. 1 U 5/21
"Contrary to widespread opinion and partly existing 'misconception' in building law, a to Pay and/or a signed Measurement no recognition", explained Lawyer Timo Sahm, specialist lawyer for construction law and architects' law, on anwalt.de.Mengen can trotz previously verified invoices and/or a measurement report disputed will be. Likewise, the Payment The contract price is usually based on a verified invoice. no declaratory Recognition (see Federal Court of Justice ruling file number...) VII ZR 165/05). "
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