Court simplifies the craftsman's invoice

The tradesman only needs to state the number of hours worked on his invoice. He does not need to break down which hours were spent on which work and on which days.

This article is part of the special topic Tax bonus for tradesmen's invoices: What you should know

In a recent decision, the Federal Court of Justice (BGH) has eased the requirements for invoices for work contracts.

Unlike the German Construction Contract Procedure (VOB), there are no specific regulations for work contracts with private clients regarding how hourly wages are to be invoiced. The Federal Court of Justice (BGH) has now defined precisely which information the tradesman must include in his invoice – and which he must not:

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1. If payment is made on an hourly basis, the invoice only needs to state how many hours the contractor has worked.
2. The tradesperson is not required to detail which working hours were spent on which activities and on which days. He or she is also not required to attach a timesheet or other supporting documents.
3. If the client doesn't believe the invoice and objects to the invoice, the contractor still doesn't have to provide evidence of the hours worked on which days. It is sufficient to prove that the hours were used for the contractual service.
4. If the customer invokes the limitation period for partial deliveries, he must prove that these were accepted and that this was agreed upon.
   
   

Practical tip: It would be a fallacy to think that everything will suddenly become easier. "The current Federal Court of Justice (BGH) decision initially appears to simplify the documentation process for construction workers, making it easier to enforce wage claims. However, this does not provide absolute security for the contractor," explains Anne-Kathrin Selka, a fully qualified lawyer in the legal department of the Cottbus Chamber of Skilled Crafts. "In practice, only those who can prove, by presenting appropriate, concrete records, when and which work was actually performed can feel safe. This is especially true with regard to legal disputes. It therefore remains to be seen how the decision will affect practice. In short: Preparing written documents to prove the work performed is advisable – and not only – for billing hourly work!"

Federal Court of Justice, decision of 5 January 2017, Ref: VII ZR 184/14 (The Federal Court of Justice referred the case back to the Court of Appeal for a new hearing and, if necessary, the taking of evidence.)