Masterarbeit, 2012
83 Seiten, Note: 2,1
Jura - Zivilrecht / Handelsrecht, Gesellschaftsrecht, Kartellrecht, Wirtschaftsrecht
This Master's Thesis aims to investigate the legal framework surrounding the formation and operation of Arbeitsgemeinschaften (ARGEs) – temporary partnerships – among engineering firms involved in construction projects. The thesis explores the challenges and considerations for engineering firms participating in ARGEs, particularly regarding liability and risk management.
1 INTRODUCTION: This chapter provides a brief introduction to the topic of ARGEs in the German construction industry, highlighting their increasing importance and the complexities involved in their formation and operation. It sets the stage for the subsequent chapters by outlining the research objectives and the structure of the thesis.
2 PROBLEM DEFINITION: This chapter defines the central problem addressed in the thesis: the reluctance of engineering firms to participate in ARGEs due to concerns about joint and several liability. It underscores the conflict between the principal's desire for risk mitigation through ARGE structures and the engineering firms' preference for limited liability tied to their specific contributions. The chapter sets the context for exploring potential solutions.
3 CONTRACT RELATIONSHIPS IN CONSTRUCTION PROJECTS: This chapter lays the groundwork by explaining different types of contracts prevalent in construction projects, focusing on contracts for work and service contracts. It analyzes the specific relationships between architects and engineers, linking these relationships to the HOAI (Honorarordnung für Architekten und Ingenieure - German Fee Order for Architects and Engineers). The role of the general planner is also explored.
4 PURPOSE AND TYPES OF ARGE BETWEEN ENGINEERING FIRMS: This chapter delves into the reasons behind the formation of ARGEs and the various types of ARGEs possible. It highlights the primary goal of ARGEs: combining expertise and resources to successfully bid for and complete complex construction projects. It categorizes the different types of partnerships based on their structure and objectives.
5 LEGAL FORMS OF ARGE: This chapter examines the legal structure of ARGEs, primarily focusing on their foundation as partnerships under civil law. It also explores alternative legal forms and differentiates ARGEs from other types of collaborations or alliances. The analysis emphasizes the implications of choosing a particular legal structure on liability and risk.
6 FOUNDATION OF ARGE FOR ENGINEERING FIRMS: This chapter addresses the practical aspects of establishing an ARGE, particularly for engineering firms. It explores the challenges and considerations involved in creating a legally sound and efficient partnership structure. This chapter likely delves into the necessary steps and legal requirements.
7 INTERNAL RELATIONSHIP: This chapter focuses on the internal dynamics of an ARGE, examining how responsibilities, contributions, and decision-making are managed within the partnership. It analyzes mechanisms for conflict resolution, internal liability, and the process of adding or removing members from the ARGE. This is a crucial section regarding the smooth functioning of the partnership.
8 EXTERNAL RELATIONSHIP: This chapter deals with the ARGE's external dealings, particularly its representation and liability toward the client. It discusses strategies for managing the risks associated with joint and several liability, and the importance of appropriate insurance coverage. This chapter directly addresses the main concern of engineering firms regarding liability to the client.
ARGE, construction projects, engineering firms, legal framework, liability, risk management, partnership agreements, contract law, German construction industry, joint and several liability, internal and external relationships.
This document provides a comprehensive preview of a Master's Thesis investigating the legal framework surrounding Arbeitsgemeinschaften (ARGEs) – temporary partnerships – among engineering firms in German construction projects. It covers the objectives, key themes, chapter summaries, and keywords of the thesis.
ARGEs are temporary partnerships, commonly used in the German construction industry, formed by engineering firms to combine expertise and resources for complex projects. This allows them to successfully bid for and complete large-scale construction work.
ARGEs are increasingly important because they allow for the pooling of resources and expertise, enabling firms to tackle larger and more complex projects than they could individually. However, they also introduce complexities regarding liability and risk management.
The thesis explores the legal framework governing ARGEs, focusing on partnership formation under civil law, alternative legal structures, and the differentiation of ARGEs from other types of collaborations. It also examines liability and risk allocation within the ARGE structure, both internally and externally.
A significant concern is joint and several liability. Engineering firms are often hesitant to participate in ARGEs due to worries about potentially being held fully responsible for the actions or failings of other partners.
The thesis investigates strategies for managing and mitigating the risks associated with joint and several liability within ARGEs. This includes exploring various legal structures and contractual arrangements to better define responsibilities and limit individual liability.
The thesis is structured to cover the introduction, problem definition, contract relationships in construction projects, purpose and types of ARGE, legal forms of ARGE, the foundation of ARGE, internal relationships within the ARGE, and external relationships (including liability and insurance).
The thesis delves into the internal dynamics of an ARGE, including responsibilities, contributions, performance, conflict resolution, internal liability, and procedures for adding or removing members.
This aspect focuses on how the ARGE interacts with external parties, particularly the client. It addresses external representation, liability towards the client, and the crucial role of insurance in managing external risks and potential liabilities.
The thesis aims to provide a comprehensive understanding of the legal framework and practical considerations for engineering firms participating in ARGEs in Germany. It aims to offer solutions for mitigating the risks associated with these partnerships while highlighting the benefits of collaboration.
Key terms include ARGE, construction projects, engineering firms, legal framework, liability, risk management, partnership agreements, contract law, German construction industry, joint and several liability, and internal and external relationships.
Der GRIN Verlag hat sich seit 1998 auf die Veröffentlichung akademischer eBooks und Bücher spezialisiert. Der GRIN Verlag steht damit als erstes Unternehmen für User Generated Quality Content. Die Verlagsseiten GRIN.com, Hausarbeiten.de und Diplomarbeiten24 bieten für Hochschullehrer, Absolventen und Studenten die ideale Plattform, wissenschaftliche Texte wie Hausarbeiten, Referate, Bachelorarbeiten, Masterarbeiten, Diplomarbeiten, Dissertationen und wissenschaftliche Aufsätze einem breiten Publikum zu präsentieren.
Kostenfreie Veröffentlichung: Hausarbeit, Bachelorarbeit, Diplomarbeit, Dissertation, Masterarbeit, Interpretation oder Referat jetzt veröffentlichen!
Kommentare