What the VOB is — and what it consists of
The VOB (Vergabe- und Vertragsordnung für Bauleistungen) has three parts: Part A governs procurement, Part B the contract conditions for execution, Part C the general technical specifications of the individual trades (ATV DIN). For daily practice Part B matters most — a ready-made set of contract terms that the parties incorporate into their agreement.
Crucially, VOB/B is not a statute. It is a set of standard terms and applies only if incorporated into the contract — practically always in public procurement and very often in private projects. Without incorporation, the construction contract law of the German Civil Code (BGB) applies.
VOB/B versus BGB: what really differs
The limitation period for defect claims is shorter: generally 4 years from acceptance for buildings (sec. 13(4) VOB/B) instead of 5 years under the BGB. Fictitious acceptance exists in both regimes today — since 1 January 2018 also in the BGB (sec. 640(2)) — but the mechanics differ. Under the BGB the contractor must set the client a reasonable deadline for acceptance, and the fiction fails if the client refuses in time citing at least one defect. Note for consumer clients: against a consumer the BGB fiction only works if the contractor, together with the request for acceptance, has informed them in text form of the consequences of staying silent or refusing without naming a defect (sec. 640(2) sentence 2 BGB). Under sec. 12(5) VOB/B a written notice of completion and the lapse of 12 working days suffice, or 6 working days after the client takes the works into use — no deadline-setting required. The client’s right to order changes likewise exists in both regimes (since 2018 sec. 650b BGB with a negotiation procedure) — VOB/B handles it more directly in sec. 1(3) and (4) and ties formalised remuneration paths to it in sec. 2.
Even the formal rigour now largely has BGB counterparts: since 2018 a verifiable final invoice is a condition of payment also under sec. 650g(4) BGB, duties to examine and warn apply to BGB contracts under the case law, and secs. 650b and 650c BGB govern changes and their remuneration. Specific to VOB/B remain above all the shorter limitation period, the automatic fiction of acceptance, the written form of objections and hindrance notices as a condition of claims (secs. 4(3) and 6(1) VOB/B), the announcement under sec. 2(6) and the final-payment trap of sec. 16(3) — the latter without a BGB equivalent.
A nuance worth knowing: as long as VOB/B is incorporated as a whole and unchanged, its clauses are exempt from judicial review of standard terms. Once the parties modify even single provisions, the privilege falls away and individual clauses can be reviewed like any other standard terms. Since clients often combine VOB/B with their own conditions, it pays to check whether disadvantageous clauses are effective at all.
Remuneration and extra work (sec. 2 VOB/B)
If the design changes or the client issues other instructions that shift the basis of the price, a new price reflecting the additional or reduced costs is to be agreed (sec. 2(5) VOB/B). For work not covered by the contract the contractor may claim separate remuneration, but must announce the claim before starting the work (sec. 2(6) VOB/B). How to price and enforce extra work is covered in our article on Nachtrag claims, including the fast track of an interim payment injunction. Hourly work is only remunerated if expressly agreed before it begins (sec. 2(10), sec. 15 VOB/B) — see our article on construction timesheets.
Execution: objections and hindrances (secs. 4 and 6 VOB/B)
Objections against the planned manner of execution, against materials supplied by the client or against preliminary work of other contractors must be raised without delay and in writing (sec. 4(3) VOB/B) — that is how the contractor escapes liability for third-party errors. When work is obstructed, the written notice of hindrance is decisive (sec. 6(1) VOB/B). Damages for hindrances attributable to the client cover the proven loss, lost profit only in cases of intent or gross negligence (sec. 6(6) VOB/B). When the compensation claim under sec. 642 BGB applies instead is explained in our article on construction delays.
Acceptance (sec. 12 VOB/B)
After completion the contractor may demand acceptance, and a formal acceptance takes place at either party’s request (sec. 12(4) VOB/B) — if necessary even in the contractor’s absence. Most important in practice is fictitious acceptance under sec. 12(5): after written notice of completion, the works are deemed accepted after 12 working days, or 6 working days after the client takes the works into use. What acceptance means for payment and the burden of proof is covered in our acceptance guide.
Defects and limitation (sec. 13 VOB/B)
Defect claims for buildings generally become time-barred 4 years after acceptance, earlier for certain works (sec. 13(4) VOB/B). A written defect notice before expiry extends protection for that defect. Who must prove which defect is the subject of our article on the burden of proof. And from the BGB: retention for defects survives limitation under sec. 215 BGB if the defect appeared in time.
Billing and payment (secs. 14 and 16 VOB/B)
Invoices must be verifiable: clearly structured, following the order of the contract items, with measurements and supporting documents (sec. 14(1) VOB/B). A non-verifiable final invoice does not become due — we show how to do it right in our article on compensation after termination. The final payment generally falls due 30 days after receipt of a verifiable final invoice (sec. 16(3) VOB/B). Beware the final-payment trap: after notification of the final payment, a contractor who wants to claim more must declare a written reservation in short order — otherwise further claims are generally excluded.
Securities and termination (secs. 17, 8 and 9 VOB/B)
Security can be provided by retention, deposit or a guarantee from a bank or insurer (sec. 17 VOB/B) — amount and release are frequent points of dispute. The client may terminate the contract at any time before completion (sec. 8(1) VOB/B), but then owes the agreed remuneration minus saved expenses. The contractor has termination rights of its own — we cover the BGB routes under sec. 648a BGB and sec. 643 BGB separately. Whatever the regime, check the dispute-resolution clauses too.
Series: VOB/B clause by clause
We are preparing a series of in-depth commentaries on every VOB/B provision: what it regulates, how it works in practice, typical disputes and case law — each with a longer video. Links will appear below as the commentaries are published.
- Sec. 1 Nature and scope of the works
- Sec. 2 Remuneration and extra work (coming soon)
- Sec. 3 Execution documents
- Sec. 4 Execution and objections
- Sec. 5 Deadlines
- Sec. 6 Hindrance and interruption
- Sec. 7 Allocation of risk
- Sec. 8 Termination by the client
- Sec. 9 Termination by the contractor
- Sec. 10 Liability
- Sec. 11 Contractual penalty
- Sec. 12 Acceptance (coming soon)
- Sec. 13 Defect claims (coming soon)
- Sec. 14 Billing
- Sec. 15 Hourly work
- Sec. 16 Payment
- Sec. 17 Security
- Sec. 18 Disputes
A VOB/B contract on your desk
Check whether VOB/B is incorporated as a whole or with modifications — modifications open the door to clause review. Announce extra-work claims before starting and document them. Raise objections immediately and in writing. Notify every hindrance in writing. Give written notice of completion and watch the fictitious-acceptance clock. Bill verifiably, with measurements and evidence. After a final-payment notification, declare a written reservation immediately if you claim more. Count limitation from acceptance: 4 years, not 5.
Frequently asked questions
Does VOB/B apply automatically to every German construction contract?
No. VOB/B is a set of standard terms and applies only if incorporated into the contract. It is standard in public procurement and widespread in private projects.
How long is the defect liability period under VOB/B?
For buildings generally 4 years from acceptance (sec. 13(4) VOB/B), unless agreed otherwise. Under the BGB it would be 5 years.
What is fictitious acceptance?
Under VOB/B: if neither party demands acceptance, the works are deemed accepted 12 working days after written notice of completion, or 6 working days after the client takes them into use (sec. 12(5) VOB/B). Since 1 January 2018 the BGB also knows a fiction of acceptance (sec. 640(2)) — there the contractor sets a deadline, and a refusal citing at least one defect defeats the fiction.
Will I be paid for extra work without a written order?
The claim under sec. 2(6) VOB/B generally requires an announcement before the work begins. Without announcement and documentation the position is weak — see our Nachtrag article.
What happens without a reservation after the final payment?
Accepting the final payment without a written reservation generally excludes further claims (sec. 16(3) VOB/B). React immediately after a final-payment notification.
Source: VOB/B, 2016 edition (including secs. 2, 4, 6, 8, 12, 13, 14, 16, 17), verified against the official text, and the construction contract law of the German Civil Code (including secs. 640(2), 650b, 650g(4) BGB). Legal status: July 2026. This guide is for general information and does not replace legal advice in an individual case.