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New Home Construction Agreement Template for Germany

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Key Requirements PROMPT example:

New Home Construction Agreement

"I need a New Home Construction Agreement for building a sustainable, energy-efficient family home in Bavaria, Germany, with construction planned to start in March 2025 and including specific provisions for solar panel installation and ground source heat pumps."

Document background
The New Home Construction Agreement is a vital legal document used in Germany when a property owner contracts a construction company to build a new residential property. This agreement is essential for protecting both parties' interests and ensuring compliance with German construction laws and regulations, including the BGB (German Civil Code) and VOB/B requirements. It should be used at the outset of any new home construction project, before any construction work begins. The document comprehensively covers construction specifications, payment schedules, timelines, quality standards, and warranty obligations. It incorporates necessary provisions for energy efficiency compliance (EnEV), building permits, and technical specifications. The agreement is structured to accommodate both standard residential construction projects and custom home builds, while ensuring all legal requirements under German construction law are met.
Suggested Sections

1. Parties: Identification of the contractor and property owner with full legal details

2. Background: Context of the agreement including property details and construction purpose

3. Definitions: Key terms used throughout the agreement

4. Scope of Work: Detailed description of the construction work to be performed

5. Contract Price and Payment Terms: Total price, payment schedule, and payment conditions as per MaBV requirements

6. Construction Timeline: Project schedule, completion date, and milestone deadlines

7. Building Specifications: Technical requirements and building standards to be met

8. Contractor Obligations: Responsibilities of the contractor including permits, materials, and workforce

9. Owner Obligations: Responsibilities of the property owner including access and approvals

10. Quality Standards: Required building standards and quality assurance processes

11. Changes and Variations: Process for handling changes to the original specifications

12. Inspections and Acceptance: Procedures for work inspection and acceptance

13. Warranties and Defects: Warranty periods and defect resolution processes

14. Insurance and Liability: Required insurance coverage and liability allocation

15. Termination: Conditions and processes for contract termination

16. Dispute Resolution: Procedures for handling disputes and applicable jurisdiction

17. Final Provisions: Miscellaneous legal provisions including severability and entire agreement

Optional Sections

1. Energy Efficiency Requirements: Specific section detailing EnEV compliance when building includes special energy efficiency features

2. Architectural Services: When architect services are included in the contract scope

3. Subcontractor Provisions: When specific subcontractor arrangements need to be addressed

4. Property Development Provisions: When the construction is part of a larger development project

5. Environmental Protection Measures: When special environmental considerations apply

6. Financing Conditions: When construction is subject to specific financing arrangements

7. Special Access Requirements: When construction site has unique access considerations

8. Neighboring Property Considerations: When construction impacts neighboring properties

Suggested Schedules

1. Schedule 1 - Technical Specifications: Detailed technical specifications and building plans

2. Schedule 2 - Payment Schedule: Detailed breakdown of payment installments and triggers

3. Schedule 3 - Construction Timeline: Detailed project timeline with milestones

4. Schedule 4 - Material Specifications: Detailed list of approved materials and quality standards

5. Schedule 5 - Site Plan: Detailed plan of the construction site and access points

6. Schedule 6 - Building Permits: Copies of all relevant building permits and approvals

7. Schedule 7 - Insurance Certificates: Copies of required insurance policies

8. Appendix A - Energy Performance Certificate: EnEV compliance documentation

9. Appendix B - Soil Analysis Report: Ground condition assessment and foundation requirements

10. Appendix C - Environmental Impact Assessment: Environmental compliance documentation if required

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






































Clauses






























Relevant Industries

Residential Construction

Real Estate Development

Architecture and Design

Construction Management

Building Materials and Supply

Property Development

Construction Finance

Construction Insurance

Environmental Compliance

Energy Efficiency Consulting

Relevant Teams

Legal

Construction Management

Project Management

Contract Administration

Risk and Compliance

Quality Assurance

Technical Services

Procurement

Property Development

Finance

Relevant Roles

Construction Manager

Project Manager

Contract Manager

Legal Counsel

Property Developer

Architect

Construction Site Supervisor

Quality Control Manager

Procurement Manager

Risk Manager

Compliance Officer

Building Inspector

Cost Controller

Technical Director

General Contractor

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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