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The VOB and its three parts

📐 Topic7 min read

What you will learn What the three parts govern and when each operates, whom they bind and whom they do not, why the VOB is not a statute, and what follows from that for its application.

The VOB, the German procurement and contract regulations for construction works, comprises three parts operating at different times and towards different parties. They are not one coherent work but three sets of rules under one name.

That distinction is the key to understanding the whole body of rules. Knowing it tells you, for any question, which part to consult and whether the rule concerns you at all.

The three parts at a glance

Part Governs Operates Binds
VOB/A procurement of construction works before contract public clients
VOB/B contract conditions from contract anyone incorporating it
VOB/C technical conditions and measurement from contract anyone incorporating it

The last column contains the most frequently overlooked point. It separates procurement law from contract law, and thus two quite different grounds of obligation.

Part Whom it binds Legal ground
VOB/A only public clients procurement law; a private client need not observe its tendering rules
VOB/B and VOB/C anyone incorporating them contract conditions applying by agreement, not by force of law; a private client is then fully subject to their measurement rules

The VOB is not a statute

This point has practical consequences beyond the system. It governs, among other things, which edition applies in a dispute.

The VOB is prepared by the German procurement and contract committee for construction works, a body of representatives of public clients and the construction industry. It is published in the federal gazette.

Three points follow, and all three are regularly underestimated in practice. They concern the binding force, the incorporation and the governing edition.

Consequence What it means in practice
The VOB/A becomes binding through budget law and administrative rules not through force of its own; federal and state governments set the value thresholds for the routes themselves, and they vary considerably
The VOB/B and VOB/C are standard terms of business they apply only where validly incorporated into the contract
References in state legislation can go stale a state procurement act may refer to an edition of the VOB/A long superseded

Incorporation is covered in the article on agreeing the VOB/B. Anyone working in a particular state checks the state-law reference alongside the current VOB.

The VOB/A: procurement

The VOB/A governs how public clients must procure construction works. It is divided into sections differing by contract value and field.

Section Scope
Section 1 national procurement below the EU thresholds
Section 2 procurement at or above the EU thresholds, marked EU
Section 3 defence and security procurement, marked VS

The classification governs the whole procedure: procurement routes, periods, publication and legal protection all differ considerably. The article on above and below EU thresholds covers the classification, and the article on the structure of the VOB/A its internal arrangement.

The VOB/B: the contract

The VOB/B contains the general conditions for executing construction works. It governs the relationship between client and contractor after contract.

Its principal areas for the cost side:

Area Content
Payment and variations changed and additional work, quantity changes
Construction periods hindrance, delay, consequences
Handover forms, effects, start of limitation periods
Measurement and final account joint measurement, verifiable invoice
Defect claims periods, rights, security
Termination conditions and settlement

The branch on the construction contract under VOB/B covers the provisions material to cost work. It also sets out which periods run from handover.

The VOB/C: technical conditions and measurement

The VOB/C contains the general technical conditions of contract, the ATV. It comprises 65 standards published as DIN standards.

For cost work it is the most important part, because it answers two questions the specification does not: what is included in the price, and how measurement proceeds. Both answers act directly on the final account.

The branch on the VOB/C covers its structure, its hierarchy and the measurement rules in detail. It also sets out how incidental services are distinguished from special services.

How the three parts interlock

An example shows the interlocking more clearly than any system diagram. A single item in a bill of quantities is touched by all three parts at once.

Part What it determines about the same item
The VOB/A how it must be worded so that all tenderers understand it in the same sense and can price it without extensive preliminary work
The VOB/C which incidental services the tenderer must price without them appearing in the text, and in what unit measurement will later be taken
The VOB/B what applies if the work changes, how handover proceeds and how the final account is built

Knowing only one part means regularly overlooking what the other two govern. The commonest case is the item that appears fully described but contains an additional service under the VOB/C that was never tendered.

The status of the rules

All three parts are maintained, on differing cycles. There is therefore no such thing as a common edition of the three.

The VOB/A has been amended repeatedly, most recently with effect from 1 January 2026 on the thresholds for procurement routes. A wider revision in the wake of the procurement acceleration act has been announced.

The VOB/C is revised at multi-year intervals, and not for all ATV at once. The applicable edition therefore belongs in the preliminaries to the bill of quantities.

A simple rule follows: the governing edition of each part belongs named in the contract. Without it, a dispute requires establishing which version was meant, and that determination regularly falls against whoever relies on a particular provision.

This article reflects the position of the rules at the date of checking and serves professional orientation. It does not constitute legal advice and does not replace assessment of the individual case.

Frequently asked questions

A set of rules in three parts covering procurement, the contract and technical measurement of building works. It is not a statute.

No, VOB/B and VOB/C apply only if incorporated into the contract. VOB/A binds public authorities through budget law.

VOB/A procurement, VOB/B the contract, VOB/C technical rules and measurement. The article contrasts them.

Because rights and duties differ by part. A dispute can only be argued with the right part.

Explore the articles in this guide

Tendering and procurement under the VOB: a guide