New model contract for environmental construction supervision

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Online seminar on 10 June 2021 provides information on an important consultancy service and a current model contract

Environmental construction supervision (UBB) has developed into an important instrument in construction projects. In the meantime, it has become an independent advisory service in the construction process and is primarily awarded to experts who are particularly qualified for this purpose. As a still young specialist task, UBB has a relatively low degree of standardisation. The practice is diverse, which is also due to the variety of construction projects, the diverse bases in environmental and nature conservation law as well as the relevant objects of protection in each case.

It is undisputed that the UBB is an important means of achieving a realisation of projects in conformity with the permit. The specific concerns may include species and biotope protection as well as water, soil and immission protection. However, for this to be successful in practice, the tasks of an environmental construction supervisor must be defined in a clear agreement.

Against this background, the bdla has presented a current model contract for environmental construction supervision, based on the association's many years of experience with the advanced training course "Special Expertise in Environmental Construction Supervision" and discussed in detail with many experts. Thus, a well-founded orientation aid for the drafting of contracts is offered.

The individual contract contents define the essential regulatory requirements for a UBB and can therefore also serve as a checklist for individual regulations. The model makes it clear that the respective contract can only be developed with the necessary expertise. For example, special attention must be paid to the purpose of the assignment, if necessary with restrictions on the catalogue of services or tasks. The core of every UBB agreement is a project-specific, individual service description.

The model contract thus not only directly serves a proper agreement between client and contractor, but also a project realisation in conformity with the approval and thus ultimately the protection of the environment and nature. Concrete proposals for regulation concern, for example, the subject matter of the contract and its basis, the environmental/nature conservation issues to be taken into account, the consultation and coordination obligations as well as rights to issue instructions in the event of imminent environmental damage. The model contract is made available by the bdla free of charge on-line.

Online seminar on 10 June 2021
In an online seminar on 10.06.2021, current UBB performance patterns will be discussed and the model contract explained in detail. The speakers will be Kerstin Berg, Bielfeldt Berg Landschaftsplanung, bdla landscape planning spokesperson, and Dr. Sebastian Schattenfroh, bdla legal counsel, Gaßner, Groth, Siederer law firm.

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