Wegweiser Tradespeople · Law and business in the skilled trades Deutsch

📝 Contract for work, quotation and cost estimate

What a contract for work contains, how binding a cost estimate is and what additionally applies to consumers.

In brief

A trade order is usually a contract for work: you owe a finished result, not just working hours.

  • Put the service, price and schedule in writing.
  • A cost estimate is an approximation if you do not guarantee the price. If a large overrun becomes apparent, you must tell the customer immediately.
  • Special rules apply to larger building projects for private individuals. Customers can withdraw from the contract if it was not notarised.
  • The VOB/B applies only if it was agreed.

Step by step

  1. Describe the service preciselyWrite down scope, material, price and deadlines. Unclear services are the most common source of disputes.
  2. Label the cost estimate correctlyState whether the price is binding or estimated.
  3. Report an overrun immediatelyIf it is foreseeable that the estimate will be substantially exceeded, inform the customer without undue delay.
  4. With consumers, note the right of withdrawalFor a consumer construction contract, do not forget the withdrawal notice.

Deadlines

"without undue delay"
Notification to the customer if a substantial overrun of the cost estimate is expected.§ 649 Abs. 2 BGB
14 days
Withdrawal period for a consumer construction contract (§ 355 Abs. 2 BGB). The start of the period and its expiry are governed by § 356e BGB: without a withdrawal notice, the right of withdrawal expires at the latest 12 months and 14 days after the contract is concluded. No withdrawal if the contract was notarised.§ 650l, § 355 Abs. 2, § 356e BGB
Watch out – common mistakes
  • Without a withdrawal notice the period does not start; the right of withdrawal expires at the latest 12 months and 14 days after the contract is concluded (§ 356e BGB). Check the duty to give notice (Art. 249 § 3 EGBGB).
  • A non-guaranteed cost estimate protects the customer: if it is substantially exceeded, the customer can terminate (§ 649 BGB).
  • The VOB/B changes deadlines and rights. Agree to it only deliberately.
In depth · legal basis, figures and practice – for advisers and professionals

Cost estimate

§ 649 BGB governs the non-guaranteed cost estimate: if the work cannot be carried out without a substantial overrun and the customer therefore terminates, the contractor's claim is limited to the legal consequence of § 645 Abs. 1 BGB. If such an overrun is to be expected, the contractor must notify the customer without undue delay (§ 649 Abs. 2 BGB).

Consumer construction contract

Under § 650l BGB, consumers have a right of withdrawal under § 355 BGB, unless the contract was notarised. The withdrawal period is 14 days (§ 355 Abs. 2 BGB); the start of the period and its expiry are governed by § 356e BGB (at the latest 12 months and 14 days without a notice). The contractor must inform the consumer of the right of withdrawal under Art. 249 § 3 EGBGB. Further duties under the consumer construction contract (§§ 650i ff. BGB), such as the building description, were not evaluated in detail here.

Inclusion of the VOB/B

The VOB/B is a set of standard terms that becomes part of the contract only by agreement. For example, it shortens the limitation period for claims for defects in buildings to four years (§ 13 Abs. 4 VOB/B, 2016 version, if no other period is agreed; for fire-exposed and flue-gas-insulating parts of industrial furnace installations it is one year). Whether and how its inclusion has an effect towards consumers must be checked in each individual case; no statement is made here.

In practice

A written quotation with a description of the service, type of price (lump sum or unit price), execution period and payment terms reduces disputes. This is a practical recommendation, not a legal duty.

Who is responsible
  • Chamber of crafts (legal advice for members)
  • Guild (Innung) or district craftsmen's association (Kreishandwerkerschaft)
  • Lawyers specialising in construction and contract-for-work law

Quick questions

Worum geht es bei „Contract for work, quotation and cost estimate“?
What a contract for work contains, how binding a cost estimate is and what additionally applies to consumers.
Which deadlines and figures matter?
  • "without undue delay": Notification to the customer if a substantial overrun of the cost estimate is expected. (§ 649 Abs. 2 BGB)
  • 14 days: Withdrawal period for a consumer construction contract (§ 355 Abs. 2 BGB). The start of the period and its expiry are governed by § 356e BGB: without a withdrawal notice, the right of withdrawal expires at the latest 12 months and 14 days after the contract is concluded. No withdrawal if the contract was notarised. (§ 650l, § 355 Abs. 2, § 356e BGB)
What should I do first?
  • Describe the service precisely: Write down scope, material, price and deadlines. Unclear services are the most common source of disputes.
  • Label the cost estimate correctly: State whether the price is binding or estimated.
  • Report an overrun immediately: If it is foreseeable that the estimate will be substantially exceeded, inform the customer without undue delay.
What do I need to watch out for?
  • Without a withdrawal notice the period does not start; the right of withdrawal expires at the latest 12 months and 14 days after the contract is concluded (§ 356e BGB). Check the duty to give notice (Art. 249 § 3 EGBGB).
  • A non-guaranteed cost estimate protects the customer: if it is substantially exceeded, the customer can terminate (§ 649 BGB).
  • The VOB/B changes deadlines and rights. Agree to it only deliberately.
Evidence
  • § 649 BGB, gesetze-im-internet.de, retrieved 20 September 2026
  • § 650l BGB, gesetze-im-internet.de, retrieved 20 September 2026
  • § 13 VOB/B 2016 (lxgesetze.de, search hit), retrieved 20 September 2026
  • §§ 355, 356e BGB, gesetze-im-internet.de, retrieved 20 September 2026
As of

September 2026 · Sources and method

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