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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Rules and Regulations for Building Services Contractors in Germany

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ISBN13: 9780860224280
ISBN: 0860224287
Published: December 1995
Publisher: BSRIA Ltd
Format: Paperback
Price: £95.00

This report deals with the legal and customary framework in which businesses in general and contractors in particular must operate in Germany. Many of the requirements have legal force, but they are enforced and applied by many different organizations and agencies. The rules, although detailed and sometimes complex, are transparent and are generally applied in an even-handed way. A UK contractor, able to come to grips with the rules, will appreciate the advantages of standard contracts and less-adversarial relationships with other members of the construction team.;The report covers setting up a German operation, qualifications to practise as a building services contractor, contractual relationships and procedures, tax/employment laws and meeting standards/codes of practice for work carried out.;A key feature of the German system is the emphasis placed on the responsibilities, qualifications and experience of the manager on site. Most building services work must be carried out under the supervision of a Meister (master craftsman) qualified in the appropriate discipline(s) or an individual granted a special permit after proving equivalent experience under EU rules. Some German clients may feel that standards and other legal requirements are most likely to be met by a team managed by a German-qualified Meister.

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Part 1 Overview.
Part 2 Rules for establishing a business: setting up a branch; forming a partnership; forming a private limited company (GMBh); chamber of commerce and other requirements; trade association.
Part 3 Qualifications of contractors and their personnel: the role of registered architect or engineer; requirements to operate as a building services contractor - the master craftsman; registration of foreign craftsmen; requirements for gas, water and electrical installations.
Part 4 Taxation and social charges: tax - corporate income tax, personal income tax, municipal trade tax; social security contributions.
Part 5 Employment law, health and safety: applicable law; working conditions - hours of work, overtime, breaks and rest periods, salary, holidays; termination of employment - notice periods, summary dismissal, mass dismissals; health and safety.
Part 6 Contracts, liability and insurance matters: procurement methods; provisions relating to the award of construction contracts (VOB Part A) - section 1, tender documents, section 2, sections 3 and 4; contract conditions (VOB Part B).
Part 7 Technical requirements.
Part 8 Inspection and handover procedures inspection. Appendices: useful addresses; application form and note for EC certificate of experience. (Part contents)