If the client is a specialist himself, the VOB/B (German Construction Contract Procedures, Part B) may apply.

If the private client is an architect or civil engineer, a statement in the tradesperson's offer indicating that the VOB/B (German Construction Contract Procedures, Part B) should apply is sufficient. This constitutes a valid agreement, ruled the Higher Regional Court of Brandenburg.

This article is part of the special topic Current building law

A Note on the VOB/B included in the offer It is sufficient for their effective inclusion in the contract if the contracting party is an architect or civil engineer. "expert" That is the ruling of the Higher Regional Court (OLG) of Brandenburg.

The case

The clients, architects and civil engineers by profession, commissioned a construction company to build a semi-detached house using timber frame construction. The construction company had to provide the service incorporating its Terms and conditions of delivery and businessthat the Application of the VOB/B The contractor offered the planned services. The clients accepted this offer, but did not receive a copy of the VOB/B (German Construction Contract Procedures, Part B) from the contractor. Later, they complained. DefectsA private expert estimated the cost of remedying the defects at €87.311,95 per semi-detached house.

There was a dispute about whether the VOB/B effectively incorporated into the contract was included. 

The judgment

The VOB/B is Part of the contract The Higher Regional Court clarified that the contracting parties had agreed in the construction contract that the [relevant legal provision] was valid. VOB/B effectively agreed. Because the construction company performed its work in accordance with the VOB/B regulations. offered and the clients had accepted this offer. The general reference to the VOB/B (German Construction Contract Procedures, Part B) is sufficient for its application, according to the ruling.

There will also be not availabe depends on whether a Text The VOB/B was indeed included with the offer. Although the clients had as a consumer They acted accordingly, meaning they should have received the text of the VOB/B from the contractor. However, this requirement may be waived if the clients are architects and civil engineers "in the field." In that case, it can be assumed that they are familiar with the... Contents of VOB/B known at a hunt.

Background: Anyone who has a construction contract with a entrepreneur concludes, he must give him the text of the VOB/B not handed out, so that the VOB/B Part of the contract This is not necessary even if the entrepreneur not in the construction sector is working. 

Lawyer Dr. Stephan Bolz explains: "According to the case law of the Federal Court of Justice (BGH) ra mere suggestion on the applicability of the VOB/B to their effective inclusion the contract also applies in cases where, due to the commercial activity of the contracting party in the construction sector, it can be assumed that he is familiar with the text of the VOB/B (Federal Court of Justice, judgment, file number). VII ZR 302/87Experience shows that not all architects and civil engineers are fully familiar with the regulations of the German Construction Contract Procedures (VOB/B) and the related legal issues. However, this is not the crucial point. What matters are the generally assumed knowledge and skills necessary for carrying out the tasks of an architect or civil engineer. required specialist knowledgeThis includes the fundamentals of construction contract law according to the German Civil Code (BGB) and the German Construction Contract Procedures (VOB/B), including the relevant case law. 

Brandenburg Higher Regional Court, Judgment of August 28, 2025, Case No. 10 U 86 / 24

Source: ARGE Baurecht im Deutschen Anwaltverein

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