Release Of Liability For Construction Work for Germany

Release Of Liability For Construction Work Template for Germany

A legally binding document governed by German law that releases specified parties from certain liabilities related to construction work. The document complies with the German Civil Code (BGB), particularly sections 631-651 regarding construction contracts and sections 305-310 governing liability limitations. It details the scope of the release, explicitly states exceptions as required by German law (such as liability for intentional misconduct), and includes necessary provisions for validity under German construction regulations and VOB/B requirements. The document serves to manage risk and provide clarity regarding liability obligations between construction parties while maintaining compliance with mandatory German legal requirements.

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What is a Release Of Liability For Construction Work?

The Release Of Liability For Construction Work is a crucial document in German construction projects, used when parties need to formally discharge certain liabilities following completion of construction work or specific project phases. It must comply with German Civil Code (BGB) requirements, particularly regarding construction contracts (§§ 631-651) and limitations on liability waivers (§§ 305-310). This document is typically executed upon successful completion of construction work, following inspections and verification of compliance with building regulations. It's essential to note that under German law, certain liabilities cannot be waived, such as those arising from intentional misconduct. The document should be used in conjunction with proper documentation of work completion, inspection reports, and any relevant certificates or permits required under German construction law.

What sections should be included in a Release Of Liability For Construction Work?

1. Parties: Identification of the parties: the releasing party (typically the property owner/client) and the released party (typically the contractor)

2. Background: Context of the construction work, reference to the main construction contract, and purpose of the release

3. Definitions: Key terms used in the document, including 'Work', 'Project', 'Claims', and 'Liability'

4. Scope of Work: Detailed description of the construction work covered by the release

5. Release of Claims: Specific details of what claims and liabilities are being released, with clear limitations as per German law

6. Exceptions to Release: Explicit listing of liabilities that cannot be released under German law, including intentional misconduct

7. Representations and Warranties: Statements by the releasing party about their authority to grant the release and understanding of its implications

8. Effective Date and Duration: When the release takes effect and how long it remains valid

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

10. Severability: Standard clause ensuring validity of remaining provisions if parts are found invalid

11. Entire Agreement: Confirmation that this document represents the complete agreement regarding the release

What sections are optional to include in a Release Of Liability For Construction Work?

1. Insurance Provisions: Include when specific insurance arrangements need to be documented alongside the release

2. Subcontractor Relations: Include when the release needs to cover subcontractors or when subcontractor obligations need to be specified

3. Future Claims: Include when the release needs to address potential future claims that may arise

4. Consideration: Include when there is specific consideration being provided for the release

5. Dispute Resolution: Include when parties wish to specify particular dispute resolution mechanisms

6. Language Requirements: Include when the document needs to be bilingual or when translation provisions are necessary

What schedules should be included in a Release Of Liability For Construction Work?

1. Schedule A - Project Scope Details: Detailed technical description of the construction work covered by the release

2. Schedule B - Completion Certificate: Documentation confirming completion of the work to required standards

3. Schedule C - Known Defects or Issues: List of any known issues or defects at the time of release

4. Schedule D - Safety Compliance Documentation: Records of compliance with relevant safety regulations and standards

5. Appendix 1 - Original Construction Contract: Copy or reference to the main construction contract

6. Appendix 2 - Inspection Reports: Relevant inspection reports and certificates

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

Liability Waiver

Cost

Free to use
Relevant legal definitions
Relevant Industries

Construction

Real Estate

Property Development

Infrastructure

Commercial Property

Residential Property

Industrial Construction

Public Works

Architecture and Design

Facility Management

Relevant Teams

Legal

Construction Operations

Risk Management

Compliance

Property Management

Project Management

Contract Administration

Quality Assurance

Safety and Regulations

Real Estate Operations

Relevant Roles

Construction Project Manager

Legal Counsel

Contract Manager

Property Developer

Site Supervisor

Construction Director

Risk Manager

Compliance Officer

Real Estate Manager

Operations Director

Facility Manager

Chief Legal Officer

Construction Safety Officer

Project Coordinator

Building Inspector

Industries
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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