Notice of hindrance (Behinderungsanzeige) under § 6 VOB/B: deadline, content, consequences

What a hindrance within the meaning of § 6 VOB/B is

There is a hindrance if you, as the contractor (Auftragnehmer), cannot carry out your work as provided for in the contract. Typical cases: the preceding trade is not finished, plans or approvals are missing, the site is not accessible, the building owner changes the sequence, or materials that the client was to supply are missing.

§ 6 para. 1 sentence 1 VOB/B puts it like this: “If the contractor believes it is hindered in the proper execution of the work, it must notify the client of this without delay in writing.” So it is enough that you believe you are hindered. Whether the hindrance is justified in the end is clarified later.

Why the notice matters so much

The notice is not a formality. It decides whether you can enforce claims later:

• Without notice, you are only entitled to have the hindering circumstances taken into account if the client “obviously knew the fact and its hindering effect” (§ 6 para. 1 sentence 2 VOB/B). Both must be obvious, not just the fact itself.
• The claim to reasonable compensation under § 642 BGB remains under § 6 para. 6 sentence 2 VOB/B only if notice was given under para. 1 sentence 1 or the hindrance was obvious.
• For contractual deadlines, the notice helps you avoid a contractual penalty or default, because it supports the extension of the execution period.

Rule of thumb: give notice as soon as you notice the hindrance, not only when the deadline is at risk. “Without delay” (unverzüglich) means without culpable hesitation.

When the deadline is extended

Under § 6 para. 2 no. 1 VOB/B, execution periods are extended to the extent the hindrance is caused:

Weather: Weather conditions that normally had to be expected when the quote was submitted do not count as a hindrance (§ 6 para. 2 no. 2). Unusual extreme events, on the other hand, can fall under letter c. That is a question for the individual case and belongs in the documentation.

Under § 6 para. 4 VOB/B, the extension is calculated according to the duration of the hindrance, with an allowance for resuming work and for any shift into a less favourable time of year.

What belongs in the Behinderungsanzeige

VOB/B does not prescribe any wording. In practice, the notice should be specific enough that the client cannot dismiss it as a general complaint:

1. Sender, recipient, date, construction project and contract (contract number or date).
2. The hindrance: What exactly is hindering you, since when and in which area?
3. The cause and who, in your assessment, is responsible for it (for example missing approval of the plan, previous trade not finished).
4. The effect: Which work or deadlines are affected, and what consequences do you expect for the schedule and costs?
5. The request to remedy the situation within a reasonable deadline.
6. The reservation: An extension of time under § 6 para. 2 and claims under § 6 para. 6 VOB/B and § 642 BGB are expressly reserved.
7. Evidence: photos, daily report (Bautagesbericht), plan and e-mail history as an annex or by reference.

You will find a sample to adapt at Sample Behinderungsanzeige.

Deliver it in writing and provably

VOB/B requires “in writing”. Whether a fax or an e-mail is enough depends on the contract; if you want to be safe, choose a method where you can prove receipt: a letter by registered mail with hand delivery, personal handover with acknowledgement of receipt, or an e-mail to the address named in the contract with confirmation. File the notice together with the proof of delivery in the project folder.

Give notice of the hindrance to the right addressee. That is the client, not automatically the site manager or architect. If the contract names a representative, send a copy there too.

What you have to do afterwards

The notice does not replace your own cooperation. Under § 6 para. 3 VOB/B, you must do everything that can reasonably be expected of you to continue the work. When the hindering circumstances cease, you resume work “without further ado and without delay” and tell the client.

If the hindrance lasts longer:

• Interruption expected to be longer: The work carried out so far is to be settled at the contract prices, plus the costs already incurred that are included in the price of the part not carried out (§ 6 para. 5).
• More than 3 months: After this time has passed, either side can terminate in writing. Settlement follows paragraphs 5 and 6, and clearing the site is remunerated if you are not responsible for the interruption (§ 6 para. 7).

Damages and compensation

If one side is responsible for the hindrance, the other can demand compensation for the damage proven to have been incurred, but for lost profit only in cases of intent or gross negligence (§ 6 para. 6 sentence 1 VOB/B). Independently of this, your claim to reasonable compensation under § 642 BGB remains if the client falls into default of acceptance through failure to cooperate and your notice exists or the hindrance was obvious.

The compensation depends on the duration of the default and the amount of the agreed remuneration, less what you save in expenses or can earn through other use (§ 642 para. 2 BGB). This can only be proven with good documentation: daily report, hours records, equipment standing times.

Typical mistakes

• Notice given too late, because you hope things improve.
• Worded too generally: “We are hindered” without cause, period and affected work.
• Only said orally or mentioned in a phone call.
• The same notice copied for every new hindrance. New causes need a new notice.
• No evidence: Without photos and a daily report, it is one person’s word against another’s.

Frequently asked questions

Sources and status

• § 6 paras. 1 to 7 VOB/B – hindrance and interruption of execution (2016 version, checked against the statutory text in the BauWalker corpus)
• § 642 BGB – cooperation of the customer
• Stand: 19.10.2026. Case law on individual questions (obviousness, form) was not evaluated here; in a dispute, seek legal advice.
• Quotations of statutory text are given in translation; the German wording is authoritative.