The Builder Buyer Agreement is a crucial document used in German construction projects when a property buyer contracts with a construction company for building works. This agreement, governed by German law, particularly the Civil Code (BGB) and construction regulations, establishes the legal framework for the entire construction project. It is essential when a buyer wishes to have a property constructed to their specifications, whether for residential or commercial purposes. The document incorporates mandatory provisions under German construction law, including consumer protection measures, warranty obligations, and payment security requirements under the MaBV (Broker and Property Developer Regulation). The Builder Buyer Agreement typically includes detailed specifications, pricing structures, timelines, quality standards, and acceptance procedures, serving as the primary reference document throughout the construction process and any subsequent warranty period.

1. Parties: Identification and details of the Builder (contractor) and the Buyer, including full legal names, addresses, and registration details if applicable

2. Background: Context of the agreement, including the project overview and the parties' intentions

3. Definitions: Definitions of key terms used throughout the agreement, including technical construction terminology

4. Subject Matter of Contract: Detailed description of the construction project, including the property details and scope of construction work

5. Construction Specifications: Detailed technical specifications of the building work, including materials, standards, and quality requirements

6. Price and Payment Terms: Total contract price, payment schedule, and terms including installment payments as per MaBV regulations

7. Construction Timeline: Project schedule, completion date, and milestone deadlines

8. Builder's Obligations: Comprehensive list of the builder's responsibilities, including compliance with building regulations and quality standards

9. Buyer's Obligations: Buyer's responsibilities including access provision, cooperation requirements, and timely payments

10. Quality Assurance and Inspections: Quality control measures, inspection procedures, and acceptance criteria

11. Warranties and Defects Liability: Warranty terms, defect notification procedures, and remediation processes as per BGB requirements

12. Insurance and Liability: Required insurance coverage and allocation of risks between parties

13. Acceptance and Handover: Procedures for work acceptance, documentation requirements, and final handover process

14. Termination Rights: Grounds and procedures for contract termination by either party

15. Force Majeure: Provisions for unforeseen circumstances affecting contract performance

16. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction for disputes