Change order and claim review under VOB/B and German construction law
Change orders (in German: Nachträge) are part of almost every construction project. What matters is whether they are justified, correctly priced and properly documented. Our civil engineers review them, assess them and prepare the basis for negotiation on the owner side.
Change order review means checking each claim on entitlement and quantum (in German: dem Grunde und der Höhe nach): is there changed or additional work under section 2 (5) and (6) VOB/B or sections 650b and 650c of the German Civil Code (BGB), was it ordered, and is the price derived from the original bid calculation or from the actually required costs? Schneider Theißing reviews change orders for owners, investors and lenders, documents a review note for each claim and supports negotiation and settlement on the technical and commercial side. We do not give legal advice; the legal assessment remains with your lawyer.
Why change order management often starts too late
On many projects change orders only become a problem once they have added up. The contractor submits claims that look plausible at first sight. Without an independent review the owner lacks the basis to separate justified from unfounded claims.
The result: either too much is paid, or conflicts arise that burden the project. Both cost money and time. Structured change order management starts earlier and creates clarity before claims turn into disputes.
We review change orders for owners and investors in Frankfurt and the wider Rhine-Main region, on the Bergstraße and in Rhine-Neckar, and by project elsewhere in Germany.
Have a change order reviewed
VOB/B and the German Civil Code explained for international owners
The VOB/B (Vergabe- und Vertragsordnung für Bauleistungen, Part B) is a set of standard terms for construction contracts. It is not a statute: it applies when the parties incorporate it into the contract, which is usual on German construction projects; public clients must incorporate it (section 8a (1) VOB/A). Where VOB/B does not apply or does not regulate a point, the construction contract rules of the German Civil Code (BGB, sections 650a ff.) apply.
- Owner’s right to order changes: under VOB/B the owner may order changes to the design and additional work required for the contract works (section 1 (3) and (4) VOB/B). Under the BGB the parties first try to agree; if no agreement is reached within 30 days after the contractor receives the change request, the owner may order the change in text form (section 650b BGB).
- Changed work: if the basis of the price changes because of an owner order, a new price is agreed taking into account the additional or reduced costs (section 2 (5) VOB/B).
- Additional work: for work not provided for in the contract the contractor is entitled to extra payment, but must announce the claim before starting the work (section 2 (6) VOB/B).
- Work without order: work carried out without an order is only paid in the cases set out in section 2 (8) VOB/B, for example if the owner acknowledges it afterwards, or if it was necessary for the contract, in line with the owner’s presumed intention and notified promptly.
- Pricing under the BGB: the additional payment is calculated from the actually required costs with reasonable surcharges for overheads, risk and profit; the contractor may refer to an original bid calculation deposited as agreed (Urkalkulation); the price updated from it is then presumed to match the actually required costs (section 650c (1) and (2) BGB). Without agreement the contractor may invoice 80 percent of the claimed extra amount in interim payments (section 650c (3) BGB).
- Notices: notices of obstruction (Behinderungsanzeige, section 6 (1) VOB/B) and notices of concern about the specified method (Bedenkenanmeldung, section 4 (3) VOB/B) often precede time and cost claims and should be checked technically when they arrive.
Primary sources: German Civil Code on gesetze-im-internet.de; VOB/A and VOB/B 2016 as announced in the Federal Gazette (Bundesanzeiger). We describe the mechanism from an engineering perspective; the legal assessment of your case remains with your lawyer.
What we do in change order management
Technical and commercial review of each submitted claim against bill of quantities, contract terms and actual execution. Result: a review note with a recommendation.
Preventive review of contract, specification and interface definitions. Many change orders come from gaps in the tender; an early review can reduce later claims.
Assessment of quantities, unit prices and surcharges, classification under VOB/B and preparation of the owner’s negotiating position.
Systematic log of all change orders on the project, status tracking and forecast of total cost, so that the owner always knows where the project stands financially.
Review of interim and final invoices for consistency with contract, measurements and approved change orders, with documentation that meets VOB/B requirements.
Technical, commercial and documentary review of incoming notices. Legal evaluation and enforcement of claims remain with your lawyer.
What you send us and what you receive
What you send
- Construction contract with bill of quantities and contract terms
- Change order offer with price calculation
- Deposited original bid calculation; on public contracts the price forms 221 to 223
- Order or correspondence on the change
- Drawings in the old and the new version
- Daily site reports and photos
What you receive
A review note for each change order: entitlement assessed technically, scope compared with the contract, quantities and prices checked, recommended amount and open points for the negotiation.
This page describes the review of individual change orders. For ongoing support on contract, change orders and final account over the construction period see our German page Vertragsmanagement Bau.
Typical reasons for a change order review
Running project with open change orders
Several claims are open and the total keeps growing. The owner needs an independent view of which claims are traceable technically and in their calculation, and at what amount. We review, write review notes and prepare negotiations.
Dispute about quantities and prices
The contractor prices the change differently from what the owner considers reasonable. We check the calculation basis, compare with market prices and provide a traceable assessment as negotiating basis.
Prevention before construction starts
Before construction we check bills of quantities, contracts and interfaces for gaps and contradictions, so that many causes of change orders are removed in advance. Commercially this is often the most effective approach.
Final account with change orders
After completion the contractor submits a final invoice with change orders included. We check the whole invoice, including all change order items, for verifiability, correctness and completeness.
Frequently asked questions
Have change orders reviewed
Tell us the contract, the open claims and the next deadline. You receive a short technical view and a written proposal.