Acceptance of work and liability for defects

The principle applies that all alliance partners undertake to notify the alliance management team immediately if deviations from the agreed targets (properties of the building or other work or services owed, deadlines, etc.) become apparent. This is intended to enable all realization partners to react quickly in order to keep the disadvantages for all alliance partners as low as possible. This obligation is not limited to their own services and areas.

All deviations from the agreed targets that are identified or foreseeable prior to acceptance of the work shall be rectified by those realization partners who are best suited to do so, regardless of the cause and the question of who caused the deviation. The costs incurred shall be charged to the target costs 1.

If a subcontractor of an alliance partner (or of several alliance partners) is liable for the deviation or for its consequences, this subcontractor must in principle carry out the rectification at its own expense (and thus without affecting the cost price of the alliance partners), and the alliance partner(s) concerned must assert their claims under the subcontract.

The realization partners owe the client defect-free performance within the scope of the service areas contractually assigned to them. However, any individual liability is excluded to the extent permitted by law. Excluded from this exclusion of liability are defects caused intentionally or by gross negligence (and the resulting consequences).

The alliance partners undertake in the alliance agreement to assume the performance obligations in connection with the rectification of defects and to receive remuneration for this in accordance with the rules on target costs 2. This agreement applies regardless of who contributed to the occurrence of the defects in question.

If a subcontractor or supplier is liable to an alliance partner (or several alliance partners) for the deviation or its consequences, the claims for rectification of defects must be asserted against the subcontractor or supplier.