Die Funktion der Erfüllungs- und Mängelbürgschaft im BGB-Bauvertrag

Due to the pervasive risk of insolvency, the success of a construction contract often depends on the extent of mutual security. Against this backdrop, the work addresses guarantees for the main performance side. A focus is on the controversial question in case law and literature of whether a performance guarantee also covers claims for defects, as well as whether a performance guarantee remains liable even after the acceptance of the work. Another focus is on the equally contentious question of whether a defect guarantee can be invoked for defects that already existed at the time of acceptance.