Content in Modul 2: Claim, Evidence, Communication

2.1

Legal Entitlement

The basic claim from a contract relates to performance against payment. But what happens in the event of a fault that has an impact on the execution of the contract? Or even in the event of damage without a contract between the parties? Only those who know the possible bases for claims can enforce additional work.

2.2

Examining a claim

Both contracts and laws regulate who can make a claim in the event of disruptions. This lesson covers the common procedure for examining a claim base. Knowing this procedure enables you to optimally examine your own requirements.

2.3

Liability for defects - sales contract

Liability for defects plays an important role in a contract. There are differences due to the respective type of contract, so the procedure should be adapted accordingly. This lesson deals with liability for defects from a sales contract.

2.4

Liability for defects - contract for work

In the case of a work contract, liability for defects is regulated differently than in a sales contract. This lesson deals with liability for defects from a contract for work and services.

2.5

Statute of limitation

Liability for defects does not last forever, but can expire due to the statute of limitations. This lesson deals with the limitation of liability for defects.

2.6

Notifying claims

Correct formal communication with the other party is a prerequisite for compensation for additional effort and damage. This lesson covers filing a claim that is based on a deficiency, breach of duty, or impaired performance.

2.7

Defect notification

Certain requirements are placed on a notification of defects so that it is effective. This lesson is about creating a notice of defects.

2.8

Evidence and evidence procedures

What is evidence and what is evidence procedure? This lesson explains what the legislator understands by evidence and how an evidence process works.

2.9

Evidence in project documentation

Good project documentation regularly serves as a valuable tool to prove claims or to avert risks. Only if the project documentation is systematically created from the start can it serve as evidence in the worst-case scenario. This lesson deals with the basic structure and content of project documentation in order to obtain basic evidence for different topics.

2.10

Formal Communication

Many documents, certificates, letters and emails are created as part of a project. Each document exchanged has a specific goal. Correspondence in particular is an important tool for coordinating and clarifying issues. This lesson deals with the basic background, tools and strategies to use targeted correspondence to build usable documentation that supports your own position in the event of a disputed need for clarification.

2.11

Evidence: Change Order

Even if a planned change is agreed before implementation, this does not mean that one cannot argue about the scope, performance and claim. This lesson shows the main approaches to what documentation should be created as part of a planned change, especially if the changes are controversial.

2.12

Evidence: Measured Work

In many cases, no fixed price is agreed, but billing is based on unit prices based on measurements. This lesson covers the basic points to consider when performing a measure-to-measure service.

2.13

Evidence: Inhouse effort

The personnel costs of your own employees make up the largest share of a change, fault or claim. Therefore, the correct documentation of the additional performance of the employees is of crucial importance. This lesson deals with the requirements in connection with the recording and documentation of additional personnel expenses in the event of a malfunction or breach of duty.

2.14

Evidence: Third Party Costs

In addition to your own work, other companies also regularly incur costs for additional services in the event of a disruption. This lesson shows what needs to be considered in this context.

2.15

Procedure breach of duty

Unforeseen events represent a disruption and are more the rule than the exception in a project. The result of a disruption or hindrance is usually a delay in the deadline, which leads to additional work and additional costs. This lesson deals with the basic topics of recognizing, correctly registering and documenting a breach of duty or disability.

2.16

Procedure: Handling of Risks

Contracts define who bears which risk. If the risk event occurs, this usually means additional work for the contracting parties. This lesson deals with the filing of a claim for the

Contracts and the law regulate who has to bear which risk. The risk in connection with the destruction or damage to third parties by a work changes from the contractor to the customer through defined actions. This lesson covers the needs related to risk transfer. is justified by a risk case for which the opposing party is responsible. 

2.17

Procedure: Claims & Damages

Obtaining a right to adjust the dates is one thing. But what about the additional costs? An important principle is: Agree the time and the money will follow. This lesson deals with the recording of evidence in order to document additional work in the event of a delay.

2.18

Procedure: Disruption

The breach of duty by the other side regularly leads to a claim. This lesson covers filing a claim based on a breach of duty or a default in performance.

2.19

Procedure Time delay

A delay in the deadline regularly leads to the threat of a contractual penalty. Often the mistake is made that one only concentrates on costs. In this lesson, you will find out what needs to be observed in order to ward off the threat of the contractual penalty and to document the right to adjust the contractual dates.

2.20

Procedure free of charge changes

Contracts are seldom unique. It is therefore necessary to clarify the content with the customer. This lesson deals with the procedure for clarifying the contents of a contract and agreeing on the resulting changes.

2.21

Procedure Acceptance & Taking Over

The aim of a work contract is acceptance. This lesson deals with important points in connection with the acceptance, or the receipt, as is the case with the sales contract.

2.22

Procedure Notice of Concern

The report of concerns is an important tool in order to avert possible risks for which third parties are responsible. This lesson deals with the obligation to notify and the reporting of concerns in order to avoid corresponding liability risks.