Where the duty comes from
Under § 4(3) VOB/B the contractor must notify concerns about the planned execution, supplied materials or preceding works of other contractors without delay — as a rule in writing. A proper notification releases you from defect liability to that extent (§ 13(3) VOB/B). Under a BGB contract comparable principles apply via inspection and warning duties.
In court it is the contractor who must prove that the concerns were properly notified — without that proof he is liable for the defect even where the design or the customer’s material caused it. More on who proves what in our article on the burden of proof for construction defects.
How to notify effectively
- in writing and to the right addressee — the customer, not just the foreman of the preceding trade,
- concretely: what raises concerns, what consequences loom, what solution you propose,
- before executing the affected work — a notice given afterwards does not protect,
- with proof of receipt — this document wins lawsuits.
Concerns and stopping work
The notification alone does not always justify a stop: if the customer orders continuation, work generally continues — and responsibility passes to them. Clarify such situations with a lawyer before hasty decisions are taken on site.
Document before you execute
Notification of concerns, notice of hindrance, records and photos — on German construction sites the party with the paperwork wins. We set up a simple documentation routine with you.