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Contract For Work To Be Done

Contract For Work To Be Done Template for Germany

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Key Requirements PROMPT example:

Contract For Work To Be Done

"I need a Contract for Work To Be Done under German law for a software development project, where my company will hire a contractor to develop a custom CRM system, to be delivered in three phases by September 2025, with specific data protection requirements and integration capabilities with our existing systems."

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Document background
The Contract for Work To Be Done (Werkvertrag) is a fundamental contract type under German law, essential for projects where a specific result or work product needs to be delivered. This document is commonly used across various industries when commissioning construction work, software development, design services, or any project with definable deliverables. The contract's structure and content are primarily governed by the German Civil Code (BGB), particularly §§ 631-651, which sets out the legal framework for work contracts. It differs from service contracts (Dienstvertrag) in that it focuses on achieving a specific result rather than just providing services. The document typically includes detailed specifications of the work, timelines, acceptance procedures, warranty provisions, and payment terms, while ensuring compliance with German legal requirements regarding liability, defect rights, and formal acceptance procedures.
Suggested Sections

1. Parties: Identification and details of the contractor (Werkunternehmer) and client (Besteller)

2. Background: Context of the agreement and general purpose of the work to be performed

3. Definitions: Key terms used throughout the contract

4. Scope of Work: Detailed description of the work to be performed, including specifications and quality standards

5. Time for Performance: Timeline, milestones, and completion dates for the work

6. Remuneration and Payment Terms: Price, payment schedule, and invoicing requirements

7. Acceptance of Work: Criteria and procedures for work acceptance, including inspection rights and documentation

8. Contractor's Obligations: Key responsibilities and duties of the contractor

9. Client's Obligations: Key responsibilities and duties of the client, including cooperation requirements

10. Warranty and Liability: Warranty terms, defect remediation, and liability provisions

11. Termination: Grounds and procedures for contract termination

12. Confidentiality: Protection of confidential information exchanged during the project

13. Final Provisions: Governing law, jurisdiction, written form requirements, and severability clause

Optional Sections

1. Insurance: Required when specific insurance coverage needs to be maintained

2. Intellectual Property Rights: Necessary when the work involves creation of intellectual property

3. Subcontractors: Include when subcontracting is permitted or needs to be regulated

4. Force Majeure: Optional but recommended for longer-term projects or where external risks are significant

5. Health and Safety: Required for construction or hazardous work

6. Quality Assurance: Important for complex technical or professional services

7. Materials and Equipment: Necessary when specific materials or equipment are to be used or supplied

8. Site Access and Working Hours: Include for work performed at client's premises

9. Change Management: Important for complex projects where scope changes are likely

10. Data Protection: Required when personal data processing is involved

Suggested Schedules

1. Technical Specifications: Detailed technical requirements and specifications for the work

2. Price Schedule: Detailed breakdown of prices, rates, and payment milestones

3. Project Timeline: Detailed project schedule with milestones and deadlines

4. Quality Standards: Specific quality requirements and acceptance criteria

5. Material Specifications: Detailed list and specifications of materials to be used

6. Site Plan: For construction or installation work, showing relevant locations and access points

7. Form of Acceptance Certificate: Template for formal acceptance of completed work

8. Health and Safety Requirements: Detailed safety procedures and requirements

9. Warranty Certificate: Detailed warranty terms and conditions

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Work
Specifications
Acceptance
Acceptance Certificate
Acceptance Date
Applicable Laws
Business Day
Change Order
Completion Date
Contract Price
Defect
Deliverables
Effective Date
Force Majeure Event
Good Industry Practice
Intellectual Property Rights
Material Breach
Milestone
Project
Project Schedule
Quality Standards
Site
Specifications
Subcontractor
Technical Documentation
Time for Completion
Warranty Period
Working Hours
Works
Client Materials
Confidential Information
Contract Documents
Progress Report
Representatives
Testing Procedures
Variation
Clauses
Scope of Work
Payment Terms
Time for Performance
Acceptance
Quality Standards
Warranties
Liability
Force Majeure
Intellectual Property
Confidentiality
Termination
Change Management
Subcontracting
Insurance
Health and Safety
Site Access
Materials and Equipment
Documentation
Reporting
Dispute Resolution
Assignment
Notices
Entire Agreement
Severability
Governing Law
Data Protection
Audit Rights
Compliance with Laws
Performance Standards
Risk Allocation
Indemnification
Default
Remedies
Personnel
Testing and Inspection
Relevant Industries

Construction

Information Technology

Manufacturing

Engineering

Professional Services

Interior Design

Software Development

Industrial Services

Crafts and Trades

Consulting

Architecture

Research and Development

Relevant Teams

Legal

Procurement

Operations

Project Management

Quality Assurance

Technical Operations

Risk Management

Compliance

Commercial Operations

Facilities Management

Contract Administration

Engineering

Relevant Roles

Project Manager

Contract Manager

Procurement Manager

Legal Counsel

Technical Director

Construction Manager

Software Development Manager

Quality Assurance Manager

Operations Director

Chief Technical Officer

Facilities Manager

Commercial Director

Risk Manager

Compliance Officer

Industries
German Civil Code (BGB) §§ 631-651: Core provisions governing contracts for work (Werkvertrag), including definition, obligations of parties, acceptance of work, defects liability, and termination rights
German Civil Code (BGB) §§ 241-432: General provisions on obligations and contracts, including formation, performance, breach, and remedies
VOB/B (Vergabe- und Vertragsordnung für Bauleistungen): German Construction Contract Procedures - specific rules for construction contracts if applicable
German Civil Code (BGB) §§ 305-310: Provisions regarding general terms and conditions (AGB-Recht), controlling unfair contract terms
German Commercial Code (HGB): Additional provisions applicable to commercial transactions between merchants
German Civil Code (BGB) § 13, § 14: Definitions of consumer and entrepreneur, relevant for determining applicable consumer protection provisions
German Civil Code (BGB) §§ 433-453: Sale of goods provisions which might be relevant if the contract involves both work and materials
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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