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In a landmark ruling on December 9, 2022 (Case No. 1 U 29/21), the Schleswig Higher Regional Court clarified that contractors cannot easily claim additional compensation due to higher costs in cases of unclear cost calculations in service descriptions. The decision emphasizes the necessity for contractors to address any ambiguities before submitting their offers, rather than relying on subsequent adjustments to compensation.
The case highlights the contractor’s obligation to actively seek clarification if the service description does not provide a clear basis for reliable calculation. This follows the jurisprudence of the Federal Court of Justice, which has previously underscored the importance of careful examination and clarification of service descriptions (BGH, Judgment of June 25, 1987 – VII ZR 107/86).
Key points of the judgment include the inadmissibility of “shooting in the dark” calculations, the inapplicability of § 2 Abs. 5 VOB/B regulation for services already covered by the contract, and the significance of communication between contractor and client regarding differing interpretations of the service description.
This ruling provides essential guidelines for the construction industry and highlights the importance of proactive clarification of questions before bid submission. It illustrates that thorough examination and open communication are crucial to avoid later conflicts over additional claims and cost overruns.
