Working for you throughout Germany

Unsere Standorte

Bid­ders, Appli­cants & Con­trac­tors

Defect, sup­ple­men­tary and obstruc­tion man­age­ment

When the con­tract is award­ed, the exe­cu­tion of the con­tract begins — and with it a new chap­ter with its own risks. Pub­lic clients do not spend their own mon­ey. A struc­tured and legal­ly sound approach is cru­cial.

Get advice now

Rule of thumb

Bet­ter one ad too many

Dis­abil­i­ty notices are a pre­req­ui­site for down­time costs — a claim cat­e­go­ry that many con­trac­tors use too rarely.

Our approach

Entire life cycle

We accom­pa­ny you from the award of the con­tract to accep­tance — and beyond.

What we do for you

Sup­ple­men­tary man­age­ment

We legal­ly review sup­ple­men­tary claims, for­mu­late sup­ple­men­tary offers and imple­ment remu­ner­a­tion adjust­ments.

Dis­abil­i­ty notices

We advise you on when and how to file dis­abil­i­ty and con­cern reports — and thus secure your claims.

Defects & ter­mi­na­tion

We sup­port you in dis­putes over defects and the threat of ter­mi­na­tion for good cause — in a struc­tured and legal­ly secure man­ner.

Con­tract exe­cu­tion begins with the award of the con­tract

The award of the con­tract not only marks the end of the award pro­ce­dure. It is also the con­clu­sion of the con­tract. The con­clu­sion of the con­tract gives rise to mutu­al rights and oblig­a­tions. The bid­der becomes the con­trac­tor — and dis­cov­ers that he is hin­dered in the exe­cu­tion, that the planned exe­cu­tion meth­ods are tech­ni­cal­ly impos­si­ble or that he needs sup­ple­men­tary orders. Pub­lic clients do not spend their own mon­ey, so a struc­tured and legal­ly sound approach is cru­cial.

The sup­ple­men­tary offer

Not only in the con­struc­tion sec­tor, but also in the sup­ply of goods and ser­vices, there are changes in per­for­mance and addi­tion­al ser­vices that become nec­es­sary. Every case of a sup­ple­ment rais­es legal ques­tions: Has the alleged addi­tion­al ser­vice not already been ordered? On what con­trac­tu­al basis is the remu­ner­a­tion to be adjust­ed? You should clar­i­fy these ques­tions at an ear­ly stage.

The obstruc­tion and con­cern notice

It is bet­ter to have one too many obstruc­tion and con­cern reports than one too few. This is because the con­tract­ing author­i­ty must make finan­cial pro­vi­sions and imple­ment its project in accor­dance with the sched­ule. Dis­abil­i­ty notices are also a pre­req­ui­site for claim­ing down­time costs — a cat­e­go­ry of claim that con­trac­tors use far too rarely.

We will give you a com­pre­hen­sive impres­sion of what mea­sures need to be tak­en and towards whom — and when.

The defect case

Alleged defects some­times occur dur­ing the war­ran­ty peri­od — some­times so sig­nif­i­cant that they alleged­ly pre­vent accep­tance. Some pub­lic clients are head­ing for ter­mi­na­tion for good cause towards the end of the project. To ensure that you do not lose any rights, you must pro­ceed in a struc­tured and planned man­ner and observe the case law and con­trac­tu­al require­ments.

Typ­i­cal pro­ce­dure

  • Rec­og­nize obstruc­tion or change — doc­u­ment imme­di­ate­ly
  • Sub­mit a notice of obstruc­tion or con­cern
  • Legal­ly check and for­mu­late sup­ple­men­tary offer
  • Clar­i­fy remu­ner­a­tion adjust­ment with client
  • Legal­ly com­pli­ant response to any dis­putes over defects or ter­mi­na­tion

Fre­quent­ly asked ques­tions about pro­ce­dur­al sup­port

Gen­er­al ini­tial ori­en­ta­tion — no sub­sti­tute for legal advice in indi­vid­ual cas­es.

When do I have to file a notice of dis­abil­i­ty?

As soon as a hin­drance occurs or is fore­see­able — imme­di­ate­ly. The noti­fi­ca­tion of obstruc­tion is a pre­req­ui­site for assert­ing claims for exten­sion of the con­struc­tion peri­od and addi­tion­al expens­es. Late noti­fi­ca­tion can lead to a loss of enti­tle­ment. In case of doubt: bet­ter too ear­ly than too late.

The for­mal require­ments — time­ly noti­fi­ca­tion, quan­tifi­ca­tion, cor­rect con­trac­tu­al basis — are deci­sive. Many sup­ple­ments fail not because they are jus­ti­fied, but because of the way they are assert­ed. This should be done at an ear­ly stage with the sup­port of a lawyer.

Check first: Is there actu­al­ly a defect? Is it pos­si­bly caused by faulty plan­ning on the part of the client? Pre­ma­ture recog­ni­tion can have far-reach­ing con­se­quences. We will exam­ine the sit­u­a­tion togeth­er with you.

Note: No legal advice. All answers do not replace an indi­vid­ual exam­i­na­tion by a lawyer.

Imme­di­ate ini­tial con­sul­ta­tion
for new clients

  • Prob­lem solv­ing in con­tract­ing is a race against time!

Imme­di­ate con­tact
Pro­cure­ment lawyer

Search
  • Cookie settings
Change privacy settings
Privacy settings history
Revoke consents

Search

Specialized law firm for public procurement law

Europe-wide expertise in public procurement law - your competent partner in all phases of the procurement process.

  • How to find us
  • Lessingstraße 2
    04109 Leipzig
    Germany
  • Cookie settings
Change privacy settings
Privacy settings history
Revoke consents

Apply now

Fields marked with "*" are required. Data uploads are only possible up to 5MB.

Alternatively, you can send us your application by mail to: abante Rechtsanwälte | Lessingstr. 2, 04109 Leipzig or send an e-mail to: personal@abante.eu

WordPress Cookie Plugin by Real Cookie Banner