The correct hourly billing

Every tradesman knows this: When it comes to hourly wages, disputes with clients often arise, for example because the customer questions the number of hours billed.

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

The Hourly wage accounting is a constant bone of contention between craftsmen and customersWe present three relevant court rulings and provide basic information.

• Case 1: Justification of the hourly wage claim

A tradesman's business had carried out painting and plastering work. The timesheets only provided information about the number of hours worked per day and the materials used. The Federal Court of Justice (BGH) ruled that the contractor was not required to provide detailed information about which activities its employees were engaged in and at what time. The number of hours worked per day is sufficientAn exception would only apply if a more detailed breakdown had been agreed upon. Federal Court of Justice, judgment of 28 May 2009, Ref. VII ZR 74/06

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• Case 2: Too many working hours

A painting company had detailed on its timesheets how many employees had been deployed for which work and when. The client believed that an unnecessary number of hours had been allocated. It was also not possible to determine what hourly rate had been agreed upon. The judges ruled that, according to Section 632 of the German Civil Code (BGB), the local hourly rateIn the case of an hourly wage contract, the contractor can not bill any number of hours, but must act in accordance with economic management. If the contractor fails to do so, his contractual partner has a counterclaim for breach of contract. The burden of proof lies with the client. Federal Court of Justice, judgment of 10 December 2002, Ref. 21 U 106 / 02

• Case 3: Signing the hourly wage slips

A dispute arose because the client initially signed the timesheets but then refused to pay, considering the number of hours excessive. The Cologne Higher Regional Court ruled: If the client signs the hourly wage slips, they are deemed to be approved and he is bound by his signature. He must pay for the hours of work listed – unless he can prove that the information on the slips was false and he didn't know this when he signed them. Higher Regional Court of Cologne, judgment of 16 September 2008, Ref. 24 U 167 / 07

Background information: Hourly wages can be agreed in work contracts according to the German Civil Code (BGB) or, for example, according to the German Construction Contract Procedures (VOB/B).

• VOB/B: Paragraph 15 VOB/B stipulates: If the Hourly wage not contractually regulated, the local rate. The client must be notified of the start of work. The hours worked must be recorded on timesheets, along with any additional reimbursement for materials, equipment, and machinery, transportation costs, or any special expenses incurred.
  
  Unless otherwise agreed, the timesheets must be prepared according to local customs submitted to the client on a working day or weekly basis The employee must return the signed forms within six business days. Objections can be raised on the forms or separately in writing. Hourly wage slips not returned by the deadline are considered accepted.
  
  The Hourly wage calculation is contemporary after completion of the work, but at intervals of four weeks at the latest.
  
  

• German Civil Code: For BGB construction contracts, the rules of paragraph 15 VOB/B apply not directlyHowever, they are used by courts at least as a decision-making aid, so that contractors As a general rule should stick to it.
  
  

 → Further information on legal issues in everyday business life in the DAS Guide "Law for Crafts and Trades".

Source: SAR, Anne Kronzucker