Die Instandhaltung als Bauvertrag nach § 650a Abs. 2 BGB

Maintenance work on buildings is of considerable importance to the construction industry. As a result of the codification of construction contract law in the BGB as of January 1, 2018, Section 650a (2) BGB created an extremely relevant legal problem in practice as to the extent to which contracts with this content are to be classified as construction contracts.
Against this background, the concepts of maintenance and the essential importance for construction, existence or intended use are developed with recourse to the model of the construction contract for a legally secure application of Section 650a (2) BGB. The result is a definition of terms that is tailored to practice and fits sensibly and harmoniously into the overall system of construction contract law.