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Germany

CategoryDetails
Member Organisation(s)BAK- Architects’ Delegation Germany –
Bundesarchitektenkammer
BDA- Architects’ Delegation Germany-Bund Deutscher Architekten
BDB- Architects’ Delegation Germany-Bund Deutscher Baumeister Architekten und Ingenieure BDB
VfA- Architects’ Delegation Germany-Vereinigung
freischaffender Architekten
Obligation to InsureYes
Legal Obligation to InsureDepends on type of activity and state, but predominantly yes.
Legal BasisCommonly used Term and Conditions:
German civil law.
Requirements to Obtain InsuranceRegistration at Chamber of Architects.
Calculation of Insurance PremiumBased on yearly net income from insured activity, estimates provided by policy holder.
Liability System / Liability PeriodsContractual liability:
– Liabilities before and/or during the works:
Possible error in consulting/adisory before the
works. Liability during the works for violations of
contractual an legal obligations.
The end of the construction phase as a point of
departure for a period of specific liabilities?
The end of the construction and the acceptance
can be relevant for the limitation period (begin of
limitation).

Liabilities after work:
Harm to the structure (to its soundness or
stability): Yes
Unsuitability for the function: Yes
Forms of Insurance ContractYearly contracts, single contracts for individual objects, extended insurance for building contractors (developer).
Joint and Several LiabilityJoint liability with concerned construction companies, with other planners / or experts, also with the client (for example if a constrcution worker has an accident on site).
Insurer Response to ClaimsClaims are handled on a “claims by occurence” basis.
AgentsAIA AG/EUROMAF (subsidiaries of MAF/France)
VHV
HDI
R & V
Duration of LiabilityProfessional client:
Generally 5 years.

Consumer client:
Generally 5 years.

Liability during and after
construction: Generally 5 years.

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