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Agreement To Perform Work for Germany

Agreement To Perform Work Template for Germany

A German Agreement To Perform Work (Werkvertrag) is a legally binding contract governed by the German Civil Code (BGB) that establishes a relationship between a contractor and client for the performance of specific work or creation of a particular result. This agreement differs from an employment contract as it focuses on the delivery of a defined outcome rather than ongoing services. The document outlines the scope of work, delivery terms, acceptance criteria, compensation, warranties, and legal responsibilities under German law, providing a comprehensive framework for project-based work arrangements while ensuring compliance with German legal requirements and business practices.

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What is a Agreement To Perform Work?

The Agreement To Perform Work (Werkvertrag) is a fundamental contract type under German law, governed by §§ 631-651 of the German Civil Code (BGB). This document is essential when engaging contractors, freelancers, or service providers for specific project-based work where the focus is on achieving a defined result or deliverable. Unlike employment contracts, this agreement emphasizes the autonomous execution of work and the contractor's responsibility for achieving the specified outcome. It's particularly relevant in scenarios requiring specialized skills, technical expertise, or specific project deliverables, and includes crucial provisions for quality standards, acceptance procedures, warranties, and risk allocation. The agreement must comply with German legal requirements while protecting both parties' interests through clear specifications of work scope, timelines, compensation, and performance criteria.

What sections should be included in a Agreement To Perform Work?

1. Parties: Identification and details of the contracting parties, including legal status and registration details

2. Background: Context of the agreement and general purpose of the work arrangement

3. Definitions: Key terms used throughout the agreement

4. Scope of Work: Detailed description of the work to be performed, including deliverables and quality standards

5. Duration and Timeline: Period of the agreement and any specific milestones or deadlines

6. Compensation and Payment Terms: Payment amount, schedule, and method of payment

7. Rights and Obligations: Specific responsibilities and duties of both parties

8. Work Performance Standards: Quality criteria, acceptance procedures, and performance metrics

9. Materials and Equipment: Provisions regarding tools, materials, and equipment needed for work performance

10. Warranty and Liability: Scope of warranties for the work and limitation of liability

11. Termination: Conditions and procedures for ending the agreement

12. Confidentiality: Protection of confidential information and trade secrets

13. Applicable Law and Jurisdiction: Confirmation of German law application and jurisdiction

14. Severability: Standard clause ensuring remainder of agreement remains valid if parts are found invalid

15. Entire Agreement: Confirmation that the document represents the complete agreement between parties

What sections are optional to include in a Agreement To Perform Work?

1. Intellectual Property Rights: Required when work involves creation of intellectual property or use of existing IP

2. Insurance Requirements: Needed when work involves significant risks or regulatory requirements for insurance

3. Data Protection: Required when personal data processing is involved, ensuring GDPR compliance

4. Non-Competition: Optional restriction on competing activities, if relevant to the work context

5. Subcontracting: Include when subcontracting might be necessary or needs to be restricted

6. Force Majeure: Recommended for longer-term work arrangements to address unforeseen circumstances

7. Health and Safety Requirements: Necessary when work involves on-site activities or specific safety considerations

8. Training Requirements: Include when specific qualifications or training are necessary for work performance

9. Performance Penalties: Optional provisions for penalties in case of missed deadlines or quality issues

What schedules should be included in a Agreement To Perform Work?

1. Schedule 1: Detailed Work Specification: Technical specifications, requirements, and deliverables in detail

2. Schedule 2: Payment Schedule: Detailed breakdown of payments, milestones, and payment conditions

3. Schedule 3: Timeline and Milestones: Detailed project schedule with specific deadlines and deliverables

4. Schedule 4: Quality Standards: Specific quality criteria and acceptance standards

5. Schedule 5: Materials and Equipment List: Detailed list of required materials, tools, and equipment

6. Appendix A: Contact Details: List of key contacts and their roles from both parties

7. Appendix B: Required Certifications: Copies or lists of required certifications and qualifications

8. Appendix C: Safety Procedures: Relevant safety protocols and procedures if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Germany

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions



































Clauses








































Relevant Industries

Construction

Information Technology

Manufacturing

Professional Services

Engineering

Creative Industries

Consulting

Trade and Crafts

Research and Development

Industrial Services

Digital Services

Architecture

Technical Services

Media Production

Software Development

Relevant Teams

Legal

Procurement

Operations

Finance

Compliance

Risk Management

Project Management

Business Development

Contract Administration

Technical Operations

Quality Assurance

Human Resources

Relevant Roles

Project Manager

Legal Counsel

Contract Manager

Procurement Manager

Business Development Manager

Operations Director

Freelance Contractor

Technical Director

Chief Financial Officer

Risk Manager

Compliance Officer

Department Head

Site Manager

Independent Consultant

Managing Director

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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