Create an acceptance report correctly: This is how legally compliant construction documentation

The plant has been put into operation and yet the decisive step is missing: acceptance. In order for you to be legally protected and to be able to issue the final invoice, you need a complete protocol. Find out here how to protect your remuneration in a legally secure manner and finally avoid late payments.

What exactly is acceptance in terms of building law?

Acceptance is the physical receipt of the work by the client and its recognition as a service in accordance with the contract. It marks the legal point in time when the transfer of risk takes place and the warranty period begins. This reverses the burden of proof in your favor and your remuneration is due.

What are the legal consequences of acceptance?

Acceptance finally secures your claims as a craftsman and triggers the following legal consequences:

• Due date of remuneration: Your service is considered to have been provided in full. You can now submit your final invoice and claim payment from the customer.
• Reversal of the burden of proof: This is your most important advantage in the event of a dispute. From now on, the customer must prove that there is a defect. Prior to acceptance, you had this obligation to provide evidence.
• Transfer of risk: The risk of accidental damage or loss is transferred to the client. From this point on, you are no longer liable for damage caused by third parties or weather events.
• Start of the limitation period: The period for your liability for defects (warranty) starts on this day. Depending on the contract, this is usually four years (VOB/B) or five years (BGB).
• Loss of unreserved claims: The customer loses certain rights in the event of unconditional acceptance. For example, he can no longer claim a contractual penalty if he has not expressly reserved this in the protocol.

What are the consequences of incorrect acceptance?

An incorrect or incomplete acceptance leads to considerable financial risks and massively weakens your legal position vis-à-vis the client. Here is an overview of the consequences:

• Payment delay: Your remuneration is not legally due. You cannot issue a legally secure final invoice and have to wait an unnecessarily long time for your money.
• Remaining burden of proof: You must continue to prove that your performance is flawless. If the customer complains later on, you are therefore in a poor negotiating position.
• Delayed start of warranty: The period for liability for defects does not start to run. As a result, you are in fact liable for your installation longer than was contractually agreed.
• Liability for incidental damage: The risk of damage remains with you. If the system is damaged by third parties or weather before a valid acceptance, you must pay for the damage.
• Unnecessary lawsuits: Missing details in the protocol often lead to discussions about the status upon handover. You risk expensive expert costs and lengthy disputes in court.

What must be included in a legally secure acceptance report?

A legally secure acceptance report must contain the exact project data as well as the date and place of the inspection. List all participants and a specific description of the service. Fully document all visible defects and remaining work. An express declaration of acceptance is also required. Finally, the client and contractor must sign the protocol.

What are the special features of heating engineers and solar engineers?

For heating engineers and solar engineers, proof of the technical briefing in the protocol is crucial. You must document that you have instructed the customer how to operate the system. Be sure to hand over all operating instructions and circuit diagrams. Photo documentation of hidden components such as pipes or cabling is also important. Also confirm in writing the handover of relevant grid connection documents for PV systems.

What is the difference between an acceptance according to BGB and VOB?

The difference lies primarily in the applicable legal basis and the resulting warranty periods. The BGB forms the automatic legal standard for work contracts. It provides for a warranty period of five years. However, you must explicitly contractually agree to the VOB/B. It is specifically tailored to construction processes. The limitation period for defects is usually only four years. The regulations on fictitious acceptance are also often formulated more favorably for tradesmen in the VOB/B. This makes it easier for you to accept customers who do not respond.

The following is an overview of the most important differences between BGB and VOB/B:

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What to do if the customer refuses to accept?

Here are the instructions on how to proceed in the event of refusal of acceptance, formulated in simple sentences and addressed directly.

Step-by-step instructions in case of refusal of acceptance

In the event of a refusal, follow this plan strictly and secure your rights step by step:

1. Check the nature of the defects: Distinguish immediately between significant and insignificant defects. Only serious errors justify a refusal to accept. A missing decorative strip or a small scratch are not included.
2. Request acceptance despite defects: Remind the customer of their obligation to accept. Offer him to note the minor deficiencies in the minutes as a reservation. The customer may therefore not refuse to sign.
3. Set a deadline in writing: Write a formal request to the customer immediately. In it, specify a specific date for joint acceptance. A period of 12 working days is usual and appropriate.
4. Use the status check: If the customer doesn't respond to your appointment, go to the construction site alone. Ideally, bring a neutral witness with you. Document the condition of the system in detail and take photos. Send this report to the customer as a status check.
5. Trigger the fictitious acceptance: If the set deadline expires without a response from the customer, fictitious acceptance often takes effect. The work is then considered legally accepted. You can now submit your final invoice and claim your remuneration.

How does digital construction documentation optimize the acceptance process?

Digital construction documentation massively speeds up your acceptance process through central data storage and automatic report creation.

• Massive time savings: You no longer have to laboriously copy data by hand. All project information is automatically included in the protocol from the project file. You create the finished document directly on the construction site with just a few clicks.
• Judicial photo evidence: You insert photos of defects or work done right in the right place. The images are firmly linked to the process and stored securely. This provides immediate clarity and prevents subsequent discussions about details.
• Immediate availability: The customer signs directly on their tablet or smartphone. The finished PDF protocol ends up in his e-mail inbox seconds later. You save yourself the trip to the office and sending analog mail.
• Error-free readability: Illegible manuscripts on carbon paper are a thing of the past. Misunderstandings due to unclear notes are technically ruled out. The clean digital layout makes your appearance much more professional for customers.

How does Autarc help me with legally secure acceptance?

Autarc fully secures your acceptance through a complete project history and manipulation-proof digital protocols.

• Complete construction files: They document the entire construction progress centrally in the software from day one. Every detail is still exactly comprehensible even months later. When you accept, you have access to all project data. This prevents dangerous gaps in knowledge during discussions on site.
• Localized photo evidence: They link photos of installations directly to the acceptance report. In this way, you can clearly prove the correct condition of cables under plaster or cables under modules. This evidence effectively repels unjustified complaints in the future.
• Legally secure signature: Let the customer sign directly on their tablet or smartphone. At that moment, the document is written down and created as a PDF. Subsequent manipulation of the content is therefore technically ruled out. This creates trust and absolute legal certainty.
• Guided checklists: Use our special templates for heating and photovoltaics. The app guides you step by step through all relevant acceptance test points. As a result, you don't forget any formal details such as handing over the user manual or system documentation.

The new standard for construction documentation in crafts

Do you document deficiencies, additions or the daily progress of construction? With the autarc Construction documentation Capture photos, notes, logs and approvals directly on the construction site and share everything with your office in real time. They work in a legally secure, transparent and without clutter of notes. Digitize your processes and make your business faster and more resilient. Try it now for free for 14 days!

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