The Roofing Contract is a specialized construction agreement used in Germany when engaging contractors for roof installation, repair, or replacement works. It is essential for both residential and commercial projects, providing a legally compliant framework under German law that protects both the contractor and the client. The document incorporates critical elements required by the German Civil Code (BGB), construction regulations, and industry standards (including VOB/B where applicable). It should be used whenever engaging professional roofing services, whether for new construction, renovation, or repair work. The contract includes detailed specifications for materials and workmanship, safety requirements, warranties, and payment terms, while ensuring compliance with local building codes and energy efficiency regulations. It's particularly important as roofing work represents a significant investment and carries substantial liability considerations under German law.
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1. Parties: Identification of the contractor (Auftragnehmer) and client (Auftraggeber), including full legal names, addresses, and registration details where applicable
2. Background: Brief context of the roofing project and property details
3. Definitions: Key terms used throughout the contract, including technical roofing terminology
4. Scope of Works: Detailed description of the roofing works to be performed, including specific areas, materials, and techniques
5. Project Timeline: Start date, completion date, and any crucial milestone dates
6. Price and Payment Terms: Total contract price, payment schedule, and payment methods in compliance with German payment regulations
7. Materials and Quality Standards: Specifications of materials to be used and applicable DIN standards
8. Contractor Obligations: Specific responsibilities of the roofing contractor, including safety measures and workforce requirements
9. Client Obligations: Client's responsibilities including access, permits, and cooperation requirements
10. Warranties and Guarantees: Statutory and additional warranties for workmanship and materials
11. Insurance and Liability: Required insurance coverage and liability provisions
12. Termination: Conditions and process for contract termination by either party
13. Force Majeure: Provisions for unforeseen circumstances and weather conditions
14. Governing Law: Confirmation of German law application and jurisdiction
15. Signatures: Execution blocks for both parties
1. VOB/B Incorporation: Section incorporating VOB/B terms - required for commercial contracts but optional for private consumers
2. Subcontractors: Terms regarding the use of subcontractors - include when subcontracting is anticipated
3. Disposal of Materials: Specific terms for disposal of old roofing materials - include for renovation projects
4. Access to Utilities: Terms regarding use of client's utilities - include for major projects
5. Neighboring Properties: Provisions regarding access or impact on neighboring properties - include when work affects adjacent properties
6. Storage of Materials: Terms for on-site storage of materials - include for larger projects
7. Energy Efficiency Requirements: Specific provisions related to EnEV compliance - include when energy efficiency improvements are part of the scope
1. Schedule 1: Detailed Scope of Works: Detailed technical specifications, including drawings and measurements
2. Schedule 2: Materials Specification: Detailed list of materials to be used, including manufacturers and product codes
3. Schedule 3: Payment Schedule: Detailed breakdown of payment installments and triggers
4. Schedule 4: Project Timeline: Detailed project schedule including milestones and dependencies
5. Appendix A: Site Photos: Current photographs of the roof and work areas
6. Appendix B: Safety Plan: Detailed safety measures and emergency procedures
7. Appendix C: Warranties: Copies of manufacturer warranties for materials
8. Appendix D: Permits and Certifications: Copies of relevant building permits and contractor certifications
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