How are contractors bound
Specialist literature Comments and manuals Construction contract law according to BGB and VOB / B Part 1 BGB Work contract law Chapter 1 General provisions § 649 BGB Cost estimate A. General
Construction contract law according to BGB and VOB / B
Mark von Wietersheim
Mark von Wietersheim
I. Significance of § 649 BGB
The law assumes that a cost estimate by the contractor is a non-binding professional statement by the contractor. The cost estimate understood in this way becomes the business basis of the contract and the client has an easier right of termination compared to § 648 BGB. However, the client cannot require the contractor to adhere to such a cost estimate and to carry out all additionally required services without additional remuneration. However, the client can have claims for damages against the contractor.
The regulation of § 649 BGB was previously - with unchanged content - to be found under § 650 BGB.
If the client wants a binding commitment from the contractor as to which costs will arise, he must have the services offered by the contractor in a binding manner and commission the amount offered.
Illustration: § 649 BGB - cost estimate
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