Master builder’s overall contract: which other trades must be performed by authorised contractors

Section 32(1)(9) GewO permits a trader to take on an overall contract where an important part of it belongs to the trader’s own trade. This allows one contractual package even though the building project touches several technical fields.

The rule sets a clear limit for the other work: where the contractor lacks the trade authority to perform it, authorised contractors must perform it. The overall contract therefore bundles the project organisationally. It does not replace the authority required for the actual performance of the trade.

Section 99(2) GewO describes the master builder’s position in more detail. In the course of building management, the master builder may take on, plan, calculate and manage work from other trades. These rights concern the handling of the overall project and must be separated from the question of who actually performs the work.

Personal performance of work from other trades is limited by section 99(2) GewO to specified activities. The list covers activities of manufacturers of concrete goods, artificial stone and terrazzo, roofers, screed producers, stonewood layers, gardeners, plasterers and dry-lining contractors. It also includes thermal, cold, sound and fire insulation and waterproofing against moisture and water under pressure.

The list answers the central allocation question. A master builder may personally perform the listed activities where the statutory conditions for their exercise in the course of building management are met. Each item must therefore be matched to the substance of the actual work.

Section 99(2) contains a special rule for screed and dry-lining work. A master builder may take on and perform this work independently of building management. The special rule concerns personal performance. It does not automatically extend the authority to other technically related trades.

Work from another trade that is outside the personal-performance list in section 99(2) GewO must be performed by a trader authorised for that work. The master builder may still take on, plan, calculate and manage the work in the course of building management. The actual execution remains with the appropriately authorised business.

The phrase “other trade” therefore raises two separate questions. The first concerns the authority to include the trade in the overall contract and organise its performance. The second concerns the authority to perform the concrete work personally. Those questions can lead to different answers.

The project file should identify the performing business and its relevant trade authority for each position. This makes it possible to show later whether the work was a permitted personal performance or was provided by another authorised contractor.

Before signature, the overall contract should be divided into individual trades. Each position should show the planned form of performance, the responsible business and whether the master builder or another authorised contractor will perform the work.

For activities on the personal-performance list, the actual content of the work should be compared with section 99(2) GewO. For all other trades, the project file needs proof of which authorised contractor will perform the work. A collective label such as “all ancillary work” leaves the legal allocation open.

The important part belonging to the master builder’s own trade should also remain identifiable. If the link to the own trade is missing or the performance of other work remains unclear, the draft agreement should be assessed before the contract is awarded.