Statutory contract-for-work law or the VOB/B — which is right?

For most subcontractor agreements in the trades, statutory contract-for-work law is sufficient. The VOB/B is worthwhile for larger, more complex trades — but it must then be expressly agreed and incorporated as a whole, otherwise the clause is ineffective. The wizard explains both options and blocks the VOB/B choice without the necessary confirmation.

How high may the contractual penalty for delay be?

Market-standard and generally unobjectionable under standard-terms law is 0.1–0.3% of the remuneration per working day, capped overall at a maximum of 5% of the remuneration. The wizard automatically warns of higher values.

Do I, as the main contractor, have to withhold construction tax?

Yes, in principle 15% of the invoice amount — unless the subcontractor presents a valid exemption certificate under § 48b of the German Income Tax Act. The wizard automatically includes the appropriate clause.

Contract templates currently German only

Subcontractor Agreement (Construction/Trades)

Set up subcontractor agreements in construction and trades — with the right switch between BGB and VOB/B.

Advanced

The subcontractor agreement governs the relationship between the general contractor (main contractor) and a subcontractor when awarding a single trade — such as electrical, plumbing or drywall work — within the framework of a larger construction project. The wizard guides you through the central choice between statutory contract-for-work law and incorporation of the German Construction Contract Procedures (VOB/B), through the remuneration model, execution deadlines, and construction-specific compliance duties (construction withholding tax, occupational safety, minimum wage).

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Subcontractor Agreement (Construction/Trades) — example image

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Subcontractor.pdf

SUBCONTRACTOR AGREEMENT

between [Main Contractor] and [Subcontractor]

§ 1 Preamble — § 2 Subject matter

§ 3 Remuneration — § 4 Execution deadlines

§ 5 Acceptance — § 6 Warranty

§ 7 Subcontractor chain — § 8 Construction withholding tax

Real preview in the wizard · export as PDF + DOCX

What's in this template

Numbers from the actual definition — not marketing slides.

Clauses: 24
Clause variants: 6
Wizard fields: 28
Quality checks: 5
Legal basis citations: 16

What the contract contains

A switch between statutory contract-for-work law under the BGB (5-year warranty, acceptance under § 640 BGB) and incorporation of the VOB/B (4 years, formal acceptance under § 12 VOB/B)
Remuneration as a lump-sum price or according to unit prices/measurement, optionally with progress payments
Execution deadlines with an optional contractual penalty for delay, including a cap under standard-terms law
Retention for security / warranty bond
Consent requirement for further subcontractor chains, a note on construction withholding tax (§ 48 German Income Tax Act), occupational safety on the construction site
Minimum-wage and social-insurance compliance, with a note on general-contractor liability (§ 14 German Posted Workers Act, AEntG)

Optional additional clauses

Arbitration clause (German Arbitration Institute / instead of state courts)
Force majeure (weather events, supply-chain disruptions)
Prohibition on assignment/transfer
Multiple counterparts / qualified electronic signature

When you need this contract

Awarding a trade (e.g. electrical, plumbing, drywall) to a subcontractor within a construction project
Documenting the choice between statutory contract-for-work law and incorporation of the VOB/B
Agreeing a contractual penalty for delay and a retention for security for the warranty
Securing construction withholding tax, occupational-safety and minimum-wage compliance in the subcontractor chain

Who it is for: General contractors and construction companies awarding trades to subcontractors within the framework of a construction project.

AI text assistance in the wizard

For complex fields such as the scope of services or the purpose, you can request a suggestion via the sparkle button — the suggestion stays editable before it enters the contract.

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Once created, you can hand the contract to a suitable lawyer from our network with one click — including full text and metadata.

Legal notice

This template does not replace a review of the underlying main contract with the client (the building owner). For complex claims for additional payment, disrupted construction schedules or the impending insolvency of a party, we recommend a subsequent review by a lawyer of your choice.

Our templates are ready-made documents that you adapt to your case. They are not legal advice and do not replace a review by a lawyer; we give no guarantee of correctness, completeness or up-to-dateness. Use is at your own responsibility.