What does VOB (German Construction Contract Procedures) mean?
The Vergabe- und Vertragsordnung für Bauleistungen (VOB, German Construction Contract Procedures) is a three-part set of rules that governs how construction contracts are awarded and performed in Germany. It is published by the German Committee for Construction Contract Procedures (Deutscher Vergabe- und Vertragsausschuss für Bauleistungen, DVA) and is considered the authoritative standard for construction procurement law.
The VOB has three parts. VOB/A governs the award of construction work and contains the procedural rules for tendering and awarding. It is divided into three sections: Section 1 for awards below the EU thresholds, Section 2 (VOB/A-EU) for EU-wide awards above the thresholds and Section 3 for awards in the defense sector. VOB/B contains the general contract conditions for performing construction work and governs the rights and obligations of the client and the contractor during construction. VOB/C contains the General Technical Specifications (Allgemeine Technische Vertragsbedingungen, ATV), which set out technical standards for individual trades.
The VOB has a special legal status. It is not a law in the formal sense but a set of clauses that becomes part of the contract by agreement. For contracting authorities, however, applying the VOB is generally mandatory, because budget regulations and procurement laws refer to it.
Facts & figures
| Indicator | Value |
|---|---|
| EU threshold for construction work (2026–2027) | EUR 5,404,000 net |
| Current version of the VOB | 2019 edition |
| Legal basis above the thresholds | VOB/A-EU (Section 2) in conjunction with Section 2 VgV |
| Legal basis below the thresholds | VOB/A Section 1 |
| Maximum contractual penalty | 5% of the contract sum (Section 11(2) VOB/B) |
| Defect claims for buildings | 4-year limitation period (Section 13 No. 4 VOB/B) |
Relevance for bidders
For bidders in construction, knowing the VOB is essential. VOB/A sets the procedural rules for construction tenders and defines the requirements for bids. VOB/B governs the contract conditions and is therefore relevant for the entire construction phase. Bidders should know the rules on contractual penalties, change orders, acceptance and defect claims in particular.
VOB/B contains a balanced system of rights and obligations that enjoys privileged status as general terms and conditions when it is agreed as a whole. This means that the individual clauses of VOB/B are not subject to the review of general terms and conditions under the German Civil Code (BGB), as long as VOB/B is agreed as a whole. Bidders should make sure that the contracting authority does not change VOB/B significantly through one-sided special clauses.
Legal framework
The VOB is drawn up by the DVA with the participation of representatives of clients and contractors. Above the EU thresholds, Section 2 VgV (Public Procurement Ordinance) refers to Section 2 of VOB/A (VOB/A-EU). Below the thresholds, applying VOB/A follows from budget law. For the federal government, this is Section 55 BHO (Federal Budget Code) with its administrative regulations, and for the federal states, it is their state budget codes and state procurement laws. VOB/B is incorporated into the construction contract by agreement and supplements the rules of the BGB on contracts for work. The current version of the VOB dates from 2019.