VOB/B in English: the German construction contract terms explained

The problem in one picture

Whoever signs VOB/B plays by different rules than the Civil Code

VOB/B is not a statute but a set of standard terms. It applies only if incorporated into the contract, practically always in public procurement. Then form and deadlines decide.

12 working daysAfter written notice of completion the works are deemed accepted, no deadline-setting required. 6 working days after the client takes them into use.

1. The riskObjections and hindrances raised only orally, extra work not announced before starting: the condition for the claim is missing.
2. What it costsExtra work, hindrance costs, further amounts. Without a written reservation after the final-payment notification, further claims are generally excluded.
3. What to doCheck the contract: VOB/B incorporated unchanged? Everything in writing: objections, hindrance notices, announcing extra work, reservation after final payment.

Rule of thumb: under VOB/B, form decides. What is not notified in time and in writing weakens your own position.

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.

At a glance

Three parts, but day to day Part B is what counts

Part A
procurement

Part B
contract conditions for execution

Part C
ATV DIN for the trades

Not a statute: VOB/B is a set of standard terms. It applies only if incorporated into the contract. Otherwise the construction contract law of the BGB applies.

Practically always incorporated in public procurement, very often in private projects.

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.

At a glance

What VOB/B changes compared with the BGB

Topic	BGB	VOB/B
Limitation for buildings	5 years	generally 4 years from acceptance (sec. 13(4))
Fictitious acceptance	Contractor sets a deadline. Fails if the client refuses citing at least one defect	12 working days after written notice of completion, no deadline-setting
Objections and hindrances	duties to examine and warn under the case law	written form as a condition of claims (secs. 4(3) and 6(1))
Verifiable final invoice	condition of payment since 2018 (sec. 650g(4))	also a condition of payment
Final payment	no equivalent	final-payment trap (sec. 16(3))

Privileged only if unchanged: incorporated as a whole and unchanged, VOB/B is exempt from judicial review of standard terms. Modifying even single provisions makes individual clauses reviewable.

Highlighted: rules specific to VOB/B. The client’s right to order changes exists in both regimes (sec. 1(3) and (4) VOB/B, sec. 650b BGB).

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.

At a glance

Two routes to an extra-work claim

Changed design or other instructions (sec. 2(5))

• The client changes the design or issues other instructions
• The basis of the price shifts
• A new price reflecting additional or reduced costs is to be agreed

Work not covered by the contract (sec. 2(6))

• The contract does not provide for the work
• Claim to separate remuneration
• Required: announcement before starting the work

Hourly work: remunerated only if expressly agreed before it begins (sec. 2(10), sec. 15 VOB/B).

For urgent cases there is also the fast track of an interim payment injunction.

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.

At a glance

In writing or not: that decides the claim

• Objections raised without delay and in writingThe contractor escapes liability for third-party errors, e.g. client-supplied materials or other contractors’ preliminary work (sec. 4(3)).
• Written notice of hindranceDecisive when work is obstructed (sec. 6(1)).
• Damages for hindrancesProven loss. Lost profit only in cases of intent or gross negligence (sec. 6(6)).
• Notified only orallyNo release from liability for third-party errors. Without the written notice a condition of the claim is missing.

Green: protected. Yellow: claim limited. Red: protection or claim missing. Instead of damages, the compensation claim under sec. 642 BGB may apply.

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.

At a glance

Fictitious acceptance: the clock starts with the notice of completion

1. Completion · The contractor may demand acceptance. A formal acceptance takes place at either party’s request (sec. 12(4)).
2. Written notice of completion · From here the working days for fictitious acceptance count (sec. 12(5)).
3. after 12 working days · The works are deemed accepted, no deadline-setting required.

Taken into use: if the client takes the works into use, they are deemed accepted after 6 working days.

Formal acceptance can take place even in the contractor’s absence. Acceptance matters for payment and the burden of proof.

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.

At a glance

4 years instead of 5: the defect period runs from acceptance

4 yearslimitation of defect claims for buildings, generally, from acceptance (sec. 13(4) VOB/B). Earlier for certain works.

5 yearsunder the BGB

Notify in writing before expiry: a written defect notice extends protection for that defect.

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.

At a glance

From final invoice to final payment: three stages, one trap

1. 1Verifiable invoiceClearly structured, in the order of the contract items, with measurements and supporting documents. Otherwise not due.sec. 14(1) VOB/B
2. 2Due dateThe final payment generally falls due 30 days after receipt of a verifiable final invoice.sec. 16(3) VOB/B
3. 3ReservationAfter notification of the final payment, declare a written reservation in short order if you want to claim more.

Final-payment trap: without a reservation, further claims are generally excluded. The BGB has no equivalent.

React immediately after a final-payment notification.

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.

At a glance

Security and termination: who owes what?

SecurityRetention, deposit or a guarantee from a bank or insurer. Amount and release are frequent points of dispute.sec. 17 VOB/B

Client terminatesPossible at any time before completion. The client then owes the agreed remuneration minus saved expenses.sec. 8(1) VOB/B

Contractor terminatesThe contractor has termination rights of its own. BGB routes: sec. 648a BGB and sec. 643 BGB.sec. 9 VOB/B

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 →
• 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

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.

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