No success, no payment

In a contract for work and services, only the functioning result counts, not the amount of work expended. If a defect remains, the tradesperson receives no payment. The Cologne District Court recently reaffirmed this.

In a recent ruling, the Cologne District Court recalls an important principle In the law of contracts for work and services: Here, the decisive factor is not the contractor's effort, but the contractually owed performance. Success.. Pay The customer only needs to do that functioning The result, not the time the craftsman spent.

The case

A plumbing, heating, and air conditioning (SHK) company had a leaking heating He repaired the heating system. He demanded a remaining payment of 91 euros from his customer. This led to a dispute: The customer refused payment, arguing that the heating system was... still The work was leaking, therefore it did not fulfill its contractually agreed function. In fact, the work had not definitively remedied the defect, and a valid acceptance had not taken place.

The judgment

The court sided with the customer. It emphasized that a claim for payment for work performed presupposes the achievement of the owed result, i.e., a functional, defect-free work. That would be the case here. seal The heating system was involved. Is the Lack – here's the leak – not fixed, the work falls short of the contractually owed performance and arises no Claim for compensation.

practical tip

"One clear description of services Before the work is carried out, it is crucial: the more precisely the required result – function, performance values, standards, interfaces – is described in the offer or contract, the easier it is to prove fulfillment,” explains Lawyer Sabine Schönewald, Head of Department at the Chamber of Skilled Crafts in Cologne. "A documented formal acceptance and a clean Documentation The work is also advantageous in order to secure the claim for payment.

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For Temporary devices or mere 'trial repairs' should be explicitly contractually agreed upon by contractors, according to Schönewald. clarifythat just no Lasting success is guaranteed. Craftsmen should avoid using the term "provisional" on its own, but always combine it with a clear description of the limited performance objective in order to prevent later disputes about the owed result and thus about the payment.

Sample template for tradespeople

The legal expert suggests as Sample wording as stated in the contract or offer:

"Liability and warranty claims restrict "The contract focuses on the professional execution of the agreed temporary/trial measure; a specific success in use or a minimum lifespan of the temporary measure is not part of the contract."

Or:
"The client is aware of this explain that only a temporary solution is being produced and that a complete restoration to the original condition is technically (currently) not achievable for the following reasons (then briefly state the reasons: e.g. "original parts no longer available, system over 30 years old, etc.. …")

As a general rule, tradespeople should also take note of this information for evidence preservation purposes. in writing with signature Get it confirmed.

Cologne District Court, judgment of December 11, 2025, file number. 111C171/25

Source: Chamber of Crafts and Trades of Cologne, Cologne District Court

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