What effects does the coronavirus crisis have on the agreed deadlines?

1. In accordance with Section 6 (2) No. 1 c), Para. 4 VOB/B (German Construction Contract Procedures), execution deadlines are extended if an obstruction is caused by force majeure or other circumstances that are unavoidable for the contractor. The event must be objectively unforeseeable and unavoidable both for the assumption of force majeure and for an unavoidable circumstance.

It is therefore not sufficient that circumstances are unavoidable only for the individual contractor.

2. It is important that the contractor notifies the client in writing of any disruption that results or could result for him from the current pandemic by means of a obstruction notice (Section 6 (1) VOB/B). In view of the completely unclear effects and the almost daily changing situation, the hindering circumstances are usually not "obvious" to the client. Pertinent is not the existence of the pandemic in general, but its concrete impacts on site.

3. If the conditions described above are met, the affected party shall be released from its contractual performance obligations (in particular deadlines) for the duration of the event.