Der Bauvertrag mit Schutzwirkung zugunsten des Nachbarn

The performance of construction work can cause a significant risk of damage to neighboring properties. If such damage occurs at the neighbor’s premises, the damaged neighbor can claim for compensation under the rules of tort liability. In such cases, there is a risk that the liquidation will fail due to an exculpation of the contractor.
In light of this, this thesis focuses on the question of the extension of the construction contract between the owner and the contractor to the benefit of the neighbor. The author presents the dogmatic basis of “the contract with protective effect in favor of third parties”, and examines the relevance of this construct in practice for construction-related case constellations concerning neighboring property.