Die Baubeschreibungspflicht des Unternehmers im neuen Verbraucherbauvertrag

Consumer protection in the construction sector – a field that requires a trade-off between the existential importance and technical complexity of a construction contract from a consumer’s point of view on one hand and the contractor’s legit strive for profit on the other. The German legislator tried to implement a balancing with the reform of private construction law that came into force on January 1st 2018, by creating a new type of „consumer construction contract“. This type of contract is connected with the contractor’s obligation to describe his services.
The author examines the consumer construction contract’s scope, followed by an analysis of the aforementioned mandatory description and the consequences of its disregard by the contractor.