Construction manager and VOB: duties, interfaces and audit-proof documentation

The procurement and contract regulations for construction work (VOB) are divided into three parts: VOB/A regulates the award, VOB/B the contract conditions during execution, VOB/C the technical contract conditions for each trade. For construction managers, VOB/B is the central reference text, supplemented by provisions from the BauGB, MBO of the federal states, construction site regulations (BaustellV) and HOAI for planning services.

This article describes the tasks of the construction manager in VOB projects, the most common interfaces to SiGeKo, builder and subcontractors as well as the audit-proof documentation, which in the event of a dispute makes the difference between exculpatory evidence and unclear liability. The addressees are construction managers, technical managers and project managers in construction companies, general contractors and medium-sized construction companies. CIVAC is a compliance platform and officer-as-a-service with EU data residency.

The construction manager is the contractor's responsible on-site contact in VOB projects. Its obligations arise from the construction contract, from VOB/B as an essential component and from the recognised rules of technology according to VOB/C. The central task is the proper execution of the contractually agreed service in accordance with the list of services, planning and technical regulations.

Operationally, this means daily construction monitoring, coordination of subcontractors, material releases, quantity measurements and communication with the client and their construction supervision. In the event of deviations from the contractual requirements, such as incorrect preliminary work, changed conditions or hindrances, the construction manager is obliged to report them in writing immediately. This notification in accordance with Section 6 Paragraph 1 VOB/B is a prerequisite for construction time extensions and additional cost claims.

The role of the construction manager is also regulated in the state building regulations. § 56 MBO and the state-specific counterparts require a construction manager appointed by the client who is responsible for the proper construction of the building to the building supervisory authority. Contractor-site manager and client-site manager must be differentiated organizationally, even if both have the same job definition.

The combination of these roles regularly leads to accumulation of liability. Anyone who acts as contractor and client construction manager should document the separation of responsibilities in writing.

VOB/A regulates the awarding of construction work above and below the EU thresholds. Construction managers are not yet operationally active in the award phase, but their later suitability is part of the evaluation process. Public clients usually require proof of professional experience, relevant references and information on personnel deployment.

The operational construction manager role begins when the contract is awarded. The construction manager is formally named by the contractor and identified as the responsible person to the client. This designation is more than a business card: it defines the addressee for formal notifications, acceptances and notices of defects. A change must be reported to the client immediately.

In larger projects, the construction manager function is divided into several levels. A project manager is responsible for commercial and contractual issues, a technical construction manager is responsible for on-site execution, and a foreman is responsible for direct instructions. The VOB does not explicitly recognise this subdivision, but it can be documented in the contractor's organisational chart as long as the externally named construction manager remains clearly identifiable.

In the case of public contracts, the construction manager qualification is often linked to evaluation points. A deterioration in staffing levels after the contract has been awarded can lead to a breach of contract and, in extreme cases, to termination of the construction contract. The appointment certificate, signed, filed, verifiable. A neatly filed name and the CVs of the site managers employed belong in the audit-proof project archive.

§ 6 VOB/B regulates hindrances to execution. As soon as the hindrance becomes apparent, the contractor must immediately notify the client in writing. The notification must state the disabling fact, its impact and the expected duration. If this is not done, the contractor usually loses claims for an extension of the construction time and additional costs, unless the hindrance was obvious to the client.

The clock starts on awareness. This rule applies to the notice of hindrance as well as to the notice of additional costs in accordance with Section 2 Paragraphs 5 and 6 VOB/B. If services are changed, the additional remuneration must be announced before execution. Anyone who provides additional services without notification must rely on the client's exemption from liability or goodwill, which rarely occurs.

Construction diaries and daily reports are the evidential instrument used to prove hindrances and additional services. Daily entries on weather, staffing levels, machine use, work carried out and special incidents are standard. Photo documentation supplements the written trail. In digital construction manager workspaces, entries are made with a time stamp and geo-coordinate, which significantly increases the evidentiary value.

The VOB/B also knows numerous time-bound reactions, such as Section 13 VOB/B on liability for defects with a statute of limitations of four years for buildings (two years for work on a building, unless related to a building). The construction manager is the addressee of the complaints and is responsible for their proper processing.

The Construction Site Ordinance (BaustellV) obliges builders to appoint a safety and health protection coordinator (SiGeKo) for construction sites above defined thresholds. § 3 BaustellV specifies the requirements, § 4 the tasks in the planning and execution phase. The construction manager is not a SiGeKo himself, but works with the SiGeKo function on a daily basis.

The interface is clearly regulated, but in practice it is often unclear. The SiGeKo creates the safety and health protection plan (SiGePlan), adapts it to structural changes and maintains construction site setup documentation. The construction manager enforces the requirements of the SiGePlan in the executing trades and reports violations.

When several trades are working in parallel, the importance of coordination increases. The occupational safety specialist at the respective contractor complements the construction site coordination with an internal perspective. In the case of hazardous substances, such as renovations with asbestos-containing material, the hazardous substances officer is also involved. In existing buildings with fire protection requirements, the fire protection officer is involved.

The role matrix should be documented in the project management plan. Who decides what, who informs whom, which escalation paths apply. The appointment certificate, signed, filed, verifiable. The matrix is ​​part of the construction site file and is the first thing that is brought to the attention of the investigating authority in the event of damage.

Acceptance is the central milestone in the construction contract. Upon acceptance, the risk is transferred to the client, the warranty period begins, the final invoice becomes due and the burden of proof for defects is reversed. § 12 VOB/B regulates formal and implied forms of acceptance.

Formal acceptance according to § 12 paragraph 4 VOB/B takes place at the request of one party. Both parties accept the work together on site, and an acceptance protocol with a list of defects, reservations and date is signed. This form is the most legally secure variant and should be standard for larger projects. The preparation includes inspection of defects by the construction manager, preliminary acceptance with subcontractors, final cleaning and provision of the inventory documents.

Implied acceptance occurs through start of use or final payment without reservation. It is often not intentional, but actually occurs when users put the work into use before formal acceptance takes place. The consequences are identical to a formal acceptance, but without a documented list of defects, which encourages later disputes.

Construction managers are recommended to actively initiate a formal acceptance in accordance with Section 12 Paragraph 4 VOB/B as soon as the service is ready for acceptance. The acceptance report must contain the date, defects, deadlines for eliminating defects and signatures of both parties and be archived in the project file. Audit-proof, documented, § 12 VOB/B-proof.

The liability of the construction manager is on two levels. Under civil law, the contracted construction company is liable for proper execution; The employed construction manager is internally liable to his employer in accordance with the principles of internal compensation for damages. In the event of gross negligence or intent, full personal liability applies.

Under public law, the site manager appointed by the building authorities is personally responsible. Violations of the state building regulations can lead to administrative offenses or, in particularly serious cases, to criminal consequences, especially in the event of personal injury as a result of non-compliance with safety regulations. Section 319 StGB (construction hazard) is the central criminal law.

In terms of insurance, the employer's professional liability insurance applies, supplemented by personal D&O insurance for managing directors and construction managers. The coverage distances should cover building sizes, typically in the double-digit million range in special buildings. Anyone who works as a freelance external construction manager needs their own professional liability insurance with sufficient coverage.

In the event of damage, personal responsibility is measured by the construction diary, correspondence, defect management and acceptance documentation. Complete documentation is the most effective form of liability limitation. Others run compliance like a filing cabinet. We run it like software. A central, audit-proof construction manager file with a time stamp and version history makes the difference between exculpatory evidence and unresolved guilt.

The classic construction diary on paper is legal, but operationally complex. Digital construction diary tools automatically record entries with time stamps, geo-coordinates, photos and weather data. Data integrity must be secured via hash values ​​and immutable versioning. An entry that can be edited later loses its evidentiary value.

Building Information Modeling (BIM) is particularly popular in public contracts. The construction manager works with the coordinated model, documents actual states against target geometries and passes on defects with spatial location. The connection to the construction diary makes sense because every defect point is linked to the date, photo, person responsible and deadline.

Mobile recording via tablet or smartphone is standard on larger construction sites. Construction managers, foremen and SiGeKos document on the same platform. Data residency is important: construction projects with public clients or related to critical infrastructure usually require EU hosting. The CIVAC workspace with EU data residency meets this requirement and integrates the construction manager documentation into the company's overall compliance file.

The integration with occupational safety, hazardous substances and fire protection documentation reduces double entries and increases auditability. Anyone who records a defect in the app automatically creates an entry in the incident database and triggers notifications to the responsible officers. The auditor calls, the evidence is ready.

Construction projects touch multiple compliance roles at the same time. The construction manager is the operational hub, but the technical responsibility is distributed among specialised representatives. Cleanly mapping this interlocking is the often underestimated task of the project organisation.

Occupational safety: The risk assessment according to Section 5 of the ArbSchG must be drawn up specifically for the construction site and communicated through instructions before work begins. The occupational safety specialist provides support, the responsibility remains with the employer. The construction manager ensures operational enforcement on the construction site.

Fire protection: preventive fire protection, hot work with permits, evacuation exercises for existing renovations. The fire protection officer of the contractor or the building owner is involved, depending on the contract constellation. Permits for welding and cutting work are standard and require proof.

Hazardous substances: A preliminary investigation is mandatory for existing properties. Asbestos, artificial mineral fibers, PCBs, PAHs can occur in old buildings. Hazardous substances and waste planning is carried out with the hazardous substances officer and must be taken into account in the tender. If burdens are subsequently discovered, reporting the obstruction in accordance with § 6 VOB/B is the correct reaction, along with immediate information to the SiGeKo. Prompt documentation determines whether additional costs are recognised.

Construction management in VOB projects is a compliance discipline. Contract, construction diary, advertisements, acceptances, defect management, integration with occupational safety, fire protection and hazardous substances decide on liability in the event of a dispute and on reputation in an audit. The tools for this are not Excel tables, but audit-proof workspaces with version management, timestamps and integrated escalation paths.

CIVAC is a compliance platform and officer-as-a-service with EU data residency. The workspace provides 490 ready-to-use audit templates, a construction diary template, templates for obstruction and supplementary notices, acceptance protocols according to § 12 VOB/B as well as the interconnection with SiGeKo, occupational safety specialists, fire protection and hazardous substances officers. Licence the workspace for your internal representatives, or have our representatives order it. In the second model, CIVAC provides external representatives for occupational safety, fire protection or hazardous substances with an appointment certificate and reporting line.

Turn reading into a mandate. Write to info@civac.de or use the contact form on civac.de. In the initial consultation, we clarify the project size, the VOB specifics of your orders and the suitable model for your construction management organisation.