← BlogJuly 19, 20245 min readEditorial teamDEUAENRU

For businesses

Acceptance in a contract for work: process, protocol and deadlines

By accepting the work, the client acknowledges the service as essentially conforming to the contract. It is the linchpin of a contract for work.

What is acceptance?

Acceptance (§640 BGB) is the client’s declaration that it accepts the work as essentially in line with the contract. It has far-reaching consequences.

Consequences of acceptance

1. Payment falls due: the contractor can demand payment.
2. Warranty begins: the limitation period for defect claims starts; five years for buildings, otherwise usually two years.
3. Burden of proof shifts: afterwards the client must prove defects.
4. Risk passes: the risk of accidental loss lies with the client.

How an acceptance works

1. Agree a date and participants.
2. Walk-through against the agreed service description.
3. Note defects and distinguish between material and minor ones.
4. Write a protocol: date, participants, defects, deadlines for remedy, reservations.
5. Signatures of both sides.

Material and minor defects

Material defects justify refusing acceptance. Minor defects do not prevent acceptance; they are noted in the protocol and remedied.

Deemed acceptance

If the contractor sets a reasonable deadline for acceptance and the client does not react or names no specific defects, the work is deemed accepted.

Practical tip

Agree clear acceptance criteria in the contract, for example for room cleaning or installation services, and carry out partial acceptances.

Conclusion

A clean acceptance protects both sides. Plan for it from the moment you sign the contract.

FAQ

Must acceptance be in writing?

Not necessarily, but a protocol is strongly recommended.

Can I refuse acceptance for small defects?

No, not for minor defects; you reserve the right to rectification.

When is work deemed accepted?

Also by deemed acceptance after the contractor sets a deadline.

How long does the warranty last?

Five years for buildings, otherwise usually two years from acceptance.

Set up a contract for work properly?

We advise on service description and acceptance — no obligation.

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