Der Referentenentwurf des Bundesministeriums der Justiz und für Verbraucherschutz zur Reform des Bauvertragsrechts stößt auf großen Widerstand bei der Deutschen Bauindustrie und dem Deutschen Baugewerbe.
Gesetze sind dazu da generelle Regeln aufzustellen. Dabei kommt es nicht auf die Einzelfallgerechtigkeit, sondern auf die Rechtssicherheit insgesamt an. Im bisherigen Werkvertragsrecht des BGB gibt es hierzu seit dem 01.01.1900 generelle Regelungen in den §§ 631 ff BGB. Die speziellen Anforderungen für die Besonderheiten des Bauens hat man 26 Jahre später in der VOB geregelt, auf deren Basis die Baubranche ihre Verträge bisher abgewickelt hat. Im Jahre 2009 wurde die Privilegierung der VOB aufgehoben mit der Folge, dass nun wohl bald ein ausgeklügeltes Bauvertragsrecht hermuss.
Sowie es aussieht, wird nun versucht ein Gesetz nicht nur mit generellen, sondern einer Fülle spezieller Regelungen – die wir bisher nur in der VOB hatten – vollzustopfen um eine gefühlte „Rechtssicherheit“ zu bekommen.
Zudem sind im Referentenentwurf die einseitigen Anordnungsrechte der Auftraggeber, die es im bisherigen Werkvertragsrecht des BGB nicht gab, sogar gegenüber den derzeitigen Regelungen in der VOB deutlich erweitert worden. Auch die Regelungen bei Abschlagszahlungen und bei Sicherheitsleistungen werden die zukünftige Liquidität von Bauunternehmen nochmals verschlechtern.
Das Klima in der Baulandschaft wird also zunehmend eisiger und juristischer und die Abkehr von der VOB wird das Bauen weder leichter, schneller noch besser machen.
Wir wollen hoffen, dass bei diesem Widerstand Einsicht im zuständigen Ministerium herrscht und nicht mit aller Gewalt ein Gesetz, das zudem mit einer Vielzahl unbestimmter Rechtsbegriffe versehen ist, übers Knie gebrochen wird.
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