German Contracts

Target Group

The seminar is intended for project managers, i.e. for executives and specialists responsible for the outcome of projects to be fulfilled in Germany, particularly in the field of delivery of industrial goods and services on the sector of plant and machine construction, steel construction and electrical engineering.
 
Objective of the seminar The seminar provides an overview of the German contract law in such a way that the participants are imparted knowledge on the underlying principles of civil law and on the most common types of contracts, as well as on matters and circumstances that are typically stipulated and dealt with in industrial contracts. They will gain a common understanding of German procurement law and legal protection. They will get an idea of problems they should take into consideration and pay special attention to when concluding a contract and during its execution, in particular in the a.m. fields.

 Language
 The seminar will be held in English and German
 

Topics

1. How is Germany’s legal system structured?
   The participants get an idea of the kind of law that is applicable when executing a contract in Germany, such as administrative law, criminal law, civil law, social law, employment law.
2. When does German law apply?
   What is the applicable law when delivering goods to Germany? Is German law to be respected? Where and how is it possible to assert a claim if something goes wrong?
3. What rules are applicable for what kinds of contracts?
   There will be offered a summary of the structure of German Civil Code and German Commercial Code, of the main rules for sales, delivery and construction with the related contract types such as contract for work, construction contract and service contract.
4. How to conclude contracts with public authorities?
   How does the public procurement law work for construction works and supplies? What are the Construction Tendering and Contract Regulations (VOB/A,B,C)?
5. What rights does the customer have in case of defaults and delay?
6. What rights does the contractor have, in case the customer does not co-operate properly, does not meet his payment obligations or refuses the acceptance of the works or goods supplied?
7. What sureties do the parties have?
   Guaranties, bonds, retention, set-off, assurances
8. How does the legal protection works?
   Courts, arbitration, mediation, execution of legal titles

It is, of course, possible to take into consideration the participants’ wishes when selecting the thematic focuses. Questions and issues transmitted to Dr. Hammacher in due time before the event, will be integrated in the seminar program.