Course: engineering liability

Course no. :n/a
ECTS credits:2.5
Lecturer(s): O. Groll
Available: winter term summer term
Course type:Lecture/practical exercises
Exam type:Written e. 1h or oral examine
Exam requirements:Students are required to be able to present the main features of statutory as well as of contractual liability of self-employed engineers with a stress on law of contract for work and labour of the BGB. Students are supposed to know the main features of the law of contract for work and labour, especially to be firm with interdependent contractual obligations. Whilst the main focus lies on liability for defects, questions on liability vis-à-vis third persons and among the contracting parties are added. Students should be able to present the liability of employed engineers and illustrate legal enforcement of liability claims. Knowledge of insurance law, especially the self-employed engineer’s liability insurance will be taught. Students need to perceive liability problems in elementary cases and solve them by giving justifiable explanation.
Objectives:Students are required to be able to present the main features of statutory as well as of contractual liability of self-employed engineers with a stress on law of contract for work and labour of the BGB. Students are supposed to know the main features of the law of contract for work and labour, especially to be firm with interdependent contractual obligations. Whilst the main focus lies on liability for defects, questions on liability vis-à-vis third persons and among the contracting parties are added. Students should further be able to present the liability of employed engineers and illustrate legal enforcement of liability claims. Knowledge of insurance law, especially the self-employed engineer’s liability insurance will be taught. Students need to perceive liability problems in elementary cases and solve them by giving justifiable explanation.
Course contents:Basic features of law of work and labour, especially conclusion of contracts, acquisition, limitation of claims. Interdependent cardinal and auxiliary obligations of a contract of work and labour. Liability claims in case of defects. The engineer’s statutory liability vis-à-vis his contractual partner and third persons. Liability of joint and several debtors of several contracting parties/ subcontractors. Liability of the engineer as employee. Questions of insurance in the field of the engineer’s liability. Legal enforcement of claims and compulsory execution.
Literature:1. Palandt, Kommentar zum BGB, 66, Aufl (2007); §§ 631 ff BGB
2. Prütting/Wegen/Weinreich, BGB, 2. Aufl. (2007); §§ 631 ff BGB
3. Thode/Wirth/Kuffer, Praxishandbuch Architektenrecht, 2004
4. Werner/Pastor, Der Bauprozeß, 11. Aufl., Werner Verlag
5. Berg/Vogelheim/Wittler, bau- und Architektenrecht, 2006
6. Niestrate, Die Architektenhaftung, 2. Aufl. (2002)
7. Neuenfeld, Der Architektenvertrag, 2007
8. von Wietersheim/Korbion, Baurecht für Arch. und Ingenieure, 2007
9. Schmalzl/lauer/Wurm, Haftung des Architekten und Bauunternehmers, Beck 2006
available in modul:non-technical elective subject in semester 3
non-technical elective subject in semester 1