Facility Management Contract for Germany

Facility Management Contract Template for Germany

A comprehensive agreement governed by German law that establishes the terms and conditions for the provision of facility management services. This contract defines the relationship between the facility owner/occupier and the facility management service provider, detailing service specifications, performance standards, operational requirements, and commercial terms. It incorporates German regulatory requirements, including workplace safety regulations (ArbStättV), building codes (BauGB), and data protection laws (BDSG), while establishing clear responsibilities for maintenance, operations, and facility-related services.

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What is a Facility Management Contract?

The Facility Management Contract is a crucial document used when organizations need to outsource or formally structure their facility management operations under German law. It is particularly relevant for businesses operating commercial properties, industrial facilities, or large office complexes in Germany. This contract type encompasses comprehensive service provisions including building maintenance, cleaning, security, technical systems management, and other facility-related services. The agreement must comply with German regulatory requirements, including the Civil Code (BGB), workplace regulations, and relevant technical standards. It is designed to establish clear performance metrics, define service levels, allocate risks appropriately, and ensure efficient facility operations while maintaining compliance with German legal and regulatory frameworks.

What sections should be included in a Facility Management Contract?

1. Parties: Identification of the contracting parties - typically the facility owner/occupier and the facility management service provider

2. Background: Context of the agreement, including brief description of the facility and purpose of the contract

3. Definitions: Detailed definitions of terms used throughout the agreement, including technical facility management terms

4. Scope of Services: Overview of facility management services to be provided, including core and additional services

5. Service Provider Obligations: Detailed responsibilities and duties of the facility management provider

6. Client Obligations: Responsibilities and duties of the facility owner/occupier

7. Performance Standards: Required service levels, KPIs, and quality standards

8. Staff and Subcontractors: Requirements for service provider's personnel and rules for subcontracting

9. Fees and Payment Terms: Pricing structure, payment schedule, and invoicing procedures

10. Contract Duration and Termination: Term of agreement, renewal options, and termination provisions

11. Insurance and Liability: Insurance requirements and allocation of risks between parties

12. Health, Safety and Environmental Requirements: Compliance with workplace safety and environmental regulations

13. Data Protection and Confidentiality: GDPR compliance and handling of confidential information

14. Dispute Resolution: Procedures for handling disputes and applicable jurisdiction

15. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law

What sections are optional to include in a Facility Management Contract?

1. Energy Management: Required for facilities with specific energy efficiency requirements or sustainability goals

2. Security Services: Needed when security services are part of the facility management scope

3. Catering Services: Include when food service management is part of the contract

4. Waste Management: Required for facilities with specific waste handling requirements

5. Special Technical Systems: Include for facilities with complex technical installations requiring specific maintenance

6. Emergency Response Procedures: Required for high-risk facilities or those with specific emergency management needs

7. Change Management: Include for long-term contracts or complex facilities where service adjustments are likely

8. Transition and Mobilization: Required when complex service transition from previous provider is needed

What schedules should be included in a Facility Management Contract?

1. Schedule 1 - Service Specifications: Detailed technical specifications for each service area

2. Schedule 2 - Property Details: Comprehensive information about the facility, including floor plans and technical systems

3. Schedule 3 - Performance Indicators: Detailed KPIs, measurement methods, and reporting requirements

4. Schedule 4 - Pricing Schedule: Detailed breakdown of fees, charges, and price adjustment mechanisms

5. Schedule 5 - Staff Organization: Organization chart, key personnel, and minimum staffing requirements

6. Schedule 6 - Reporting Requirements: Templates and procedures for regular reporting

7. Schedule 7 - Equipment Inventory: List of equipment and assets covered by the agreement

8. Schedule 8 - HSEQ Requirements: Detailed health, safety, environmental, and quality requirements

9. Schedule 9 - Forms and Templates: Standard forms for service requests, reports, and other operational documents

10. Appendix A - Service Level Agreement: Detailed service levels and response times for each service

11. Appendix B - Emergency Procedures: Detailed procedures for handling various types of emergencies

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

Jurisdiction

Germany

Publisher

Genie AI

Document Type

Service Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Commercial Real Estate

Manufacturing

Healthcare

Education

Retail

Hospitality

Office Management

Industrial

Technology

Financial Services

Public Sector

Logistics and Warehousing

Relevant Teams

Operations

Facilities

Legal

Procurement

Real Estate

Risk Management

Health and Safety

Finance

Commercial

Technical Services

Property Management

Sustainability

Compliance

Relevant Roles

Facility Manager

Property Manager

Operations Director

Chief Operating Officer

Procurement Manager

Contract Manager

Real Estate Manager

Technical Services Manager

Maintenance Manager

Health and Safety Manager

Sustainability Manager

Building Services Engineer

Operations Manager

Commercial Manager

Legal Counsel

Risk Manager

Industries
German Civil Code (Bürgerliches Gesetzbuch - BGB): Primary legislation governing contracts, obligations, and service agreements in Germany. Particularly relevant are sections on service contracts (Dienstvertrag) and contracts for work and services (Werkvertrag).
German Commercial Code (Handelsgesetzbuch - HGB): Regulates commercial relationships and business transactions between merchants, relevant for B2B facility management contracts.
Workplace Ordinance (Arbeitsstättenverordnung - ArbStättV): Specifies requirements for workplace safety and conditions, crucial for facility management operations.
Technical Rules for Workplaces (Technische Regeln für Arbeitsstätten - ASR): Detailed technical specifications for workplace safety and facility maintenance standards.
Building Code (Baugesetzbuch - BauGB): Regulates building standards and maintenance requirements that facility managers must comply with.
German General Data Protection Regulation (Bundesdatenschutzgesetz - BDSG): National implementation of GDPR, relevant for handling personal data of building occupants and employees.
Energy Saving Ordinance (Energieeinsparverordnung - EnEV): Regulations on energy efficiency in buildings that facility managers must consider in their operations.
Occupational Safety and Health Act (Arbeitsschutzgesetz - ArbSchG): Framework legislation for workplace safety and health protection that facility managers must implement.
DIN Standards for Facility Management: Technical standards specific to facility management, including DIN EN 15221 series for FM services and quality requirements.
Minimum Wage Act (Mindestlohngesetz - MiLoG): Relevant for ensuring compliance with minimum wage requirements for facility management staff.
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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