Remuneration for the works
The contractor's payment for the works produced; in principle due only on completion of the works (section 1170 ABGB).
Under section 1170 ABGB the remuneration is in principle due only after completion of the works. For construction services part payments and instalments are often agreed; the final settlement is made through the final invoice.
The remuneration is calculated, depending on the contract, as a lump-sum price or by unit prices. In case of defects the client may withhold the remuneration in line with the case law; the retention money often serves this purpose as well.
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Legal basis
Statutory texts for orientation; the version in force at the relevant time prevails.
This explanation gives a general overview of Austrian law and does not replace advice in an individual case. The specific circumstances of your construction project are always decisive.
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Contract for work
A contract under which the contractor undertakes to produce a specific result (the works) in return for payment (sections 1165 ff ABGB).
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Lump-sum price
A fixed price for a precisely described construction service; the quantity risk is generally borne by the contractor.
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Unit price
A price per unit of performance (for instance per square metre or cubic metre); accounting is based on the quantity actually rendered.
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Final invoice
The concluding, verifiable accounting of the entire construction service after completion; the basis for the maturity of the remaining remuneration.
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Retention money
A portion of the remuneration withheld by the client during the warranty period as security for defects; typically a few percent of the final invoice.
Defects, a remuneration dispute, looming litigation?
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