Lehrveranstaltung

Baurecht BGB und VOB – Recht in der (Tiefbau-)Praxis
Construction Law according to BGB and VOB – Law in (Geotechnical) Engineering Practice

Status: 03.12.2024

Lecturer

Rechtsanwalt Prof. Dr. jur: Günther Schalk, specialist lawyer for construction and architectural law

Participants

Students of Master's degree programme in Civil Engineering, 3rd semester, part of the compulsory elective module „Projekte und Tiefbaurecht“ for students with specialization in Geotechnical Engineering, Structural Engineering, and Port Construction and Coastal Protection

Requirements

Lecture

Anyone who has completed their civil engineering degree and is released into the "construction world" and is asked to manage their first construction site will soon find themselves disappointed that, although they have acquired excellent technical knowledge during their studies, they will soon find themselves in serious trouble in day-to-day practice because they lack the necessary construction law tools. Construction sites are becoming more and more "legal". Dealing with the contractual partner about more claims for compensation, supplements, complaints about defects and obstructions is part of the daily business for construction and project managers. This makes it all the more important to be familiar with construction law at least to the extent that you can successfully unravel the daily issues and meet the contractual partner on the construction site on an equal footing in order not to get into trouble. The lecture on construction law and civil engineering law shows the basic structures of BGB and VOB construction contracts and public procurement law. One focus is on civil engineering law. The event is deliberately not a dry and boring legal lecture, but rather attempts to present strategies and solutions based on many practical examples and applications from the day-to-day business of a construction and project manager, which are of enormous help in later practice. The lecture content is accompanied by current judgments and tips on how to read and handle such judgments. We will also try to arrange a joint visit to a court hearing before the Hamburg Regional Court on a current construction law case.
Construction contracts according to the German Civil Code (BGB) and the German Construction Contract Procedures (VOB/B) – how do they work? What is the difference? What does a construction manager have to pay attention to?
Basics of subsoil and geotechnical engineering law: parties involved, “perennial problems” from daily practice and legal solutions
Generally accepted rules of technology/liability for defects
Remuneration, Supplements, Lump Sum Contracts
Obstructions and disrupted construction processes – legal strategies
The special features of a civil engineering contract and a civil engineering project from a legal perspective
The Liability of the Planner and Contractor in Geotechnical Engineering
The subsoil risk and the system risk
Planner, client, construction company, soil surveyor, construction supervisor – who is liable for what in (geotechnical) edngineering?
(Geotechnical) construction site in court – how does it actually work? What do you have to pay attention to?

Lecture dates

Appointments by arrangement (note: there may be changes to appointments that have been agreed upon verbally)

Literature recommendation

Textbook:

Fuchs/Muarer/Schalk: Handbuch Tiefbaurecht. Beck-Verlag