Die Einvernehmenslösung des § 650b Abs. 1 BGB

The work analyses the phase of mutual agreement before the customer‘s right to issue orders under Section 650b (1) of the German Civil Code (BGB) and offers legal guidance to all parties involved in the construction contract on the existing obligations and requierements, which are only vaguely specified by law. The individual components of the process— request for modification, preparation of planning, offer preparation and negotiation—are examined and classified dogmatically. The focus is on deriving a negotiation obligation for the parties, which results from the legally prescribed striving for agreement. Based on the principle of cooperation and the doctrine of the renegotiation obligation, practical standards of conduct are developed.