Die Gesamtschuld in der Bauwirtschaft

Who is liable for construction defects when multiple parties have caused the damage? This question is of particular importance for building owners, lawyers, and planners, especially in large-scale projects. Christian Stürmer examines joint and several liability (§§ 421 ff. BGB) among contractors, architects, and planning participants. Based on a historical analysis, the author develops a two-stage model: He determines individual services and creditor interests and then examines the appropriateness of a joint liability arrangement with privileged recourse. Case groups ranging from the “constructive unit” to the “non-liquid situation” enable solutions in line with the law.