Der finanzielle Ausgleich unterlassener Gläubigermitwirkung im Werkvertragsrecht

When construction work comes to a standstill.
What happens if a customer does not fulfil its obligations to cooperate, which leads a delay in a contractor’s work? To what extent is that contractor then entitled to claim damages under German law? While the legal system and research literature seem to be clear about the legal situation, there are still a lot of open questions.
This thesis deals with the questions which regularly arise if such delays occur on a construction site. In its first chapter, the study depicts current practice in the legal system and research literature. In doing so, it focuses on § 642 of the Bürgerliches Gesetzbuch (Germany’s civil code), which it subjects to a critical analysis. Using a conventional interpretation of the regulation stipulated in § 642 of the BGB, the study shows that current practice deviates from the original intention of the legislator who devised this section of the law.
The following chapter elaborates an entirely new approach to the regulation stipulated in § 304 of the BGB. The author shows that this regulation has been underestimated for a long time and emphasises its potential. Based on these findings, the last chapter shows what a contractor precisely is entitled to claim under § 304 and § 642 of the BGB if a delay is caused by a customer.
All in all, this thesis constructs a conclusive overall concept regarding the financial compensation of a contractor whose customer fails to fulfil its obligations.