New Publication: "Rechtshandbuch Verjährung am Bau" edited by Dr. Walter Klein and Dr. Jürgen Lauer
The first edition of the "Rechtshandbuch Verjährung am Bau" (Legal Handbook on Limitation Periods in Construction; editors Moufang/Klein/Lauer) has just been published by C.H. BECK Verlag. The work provides a comprehensive treatment of all limitation issues relevant to practice in private construction law. A particular focus lies not only on the presentation of individual limitation periods, but on the systematic classification of the various legal bases for claims within their respective limitation regimes.
The handbook takes into account the latest case law, including decisions on the developer contract (Bauträgervertrag), as well as the particularities of maturity and verifiability of fee claims by architects and engineers under the HOAI (Official Scale of Fees for Services by Architects and Engineers). Furthermore, the work addresses the limitation of the claim to construction contractor security pursuant to § 650f BGB, claims to and arising from securities (guarantees), security mortgages, and retention of security deposits, each with their specific limitation-law characteristics, as well as questions of suspension, commencement of limitation periods, and enforcement of claims.
Dr. Walter Klein is co-editor and is also responsible for the sections on limitation of defect-related remedies under § 634a BGB and on the standard limitation period pursuant to §§ 195, 199 BGB. Dr. Jürgen Lauer has authored the sections on suspension and recommencement of limitation periods, providing a detailed analysis of the individual statutory requirements.
