German Procurement and Contract Committee for Construction Works (DVA) 2026

DVA: the German Procurement and Contract Committee for Construction Works drafts and maintains the VOB. Composition, role and significance for procurement law.

Definition: The German Procurement and Contract Committee for Construction Works (Deutscher Vergabe- und Vertragsausschuss für Bauleistungen, DVA) is the joint committee of contracting authorities and contractors that drafts, maintains and adapts the Procurement and Contract Code for Construction Works (Vergabe- und Vertragsordnung für Bauleistungen, VOB) to changing legal and technical conditions.

Last updated: January 2026 · Legal basis: VOB/A 2019, VOB/B 2016, VOB/C 2019

What is the DVA?

The DVA is the central body for the development and upkeep of the VOB – the leading set of rules for the award and execution of construction works in Germany. The DVA is not a state body but a privately organised committee that represents the interests of all parties involved in the construction sector. Its composition – public contracting authorities, the construction industry, engineers and other stakeholders – ensures that the VOB strikes a balanced compromise between client and contractor.

The DVA is based in Berlin and works closely with the German Institute for Standardisation (DIN), in particular on VOB/C (General Technical Contract Conditions for Construction Works, ATV).

Tasks of the DVA

The DVA's role is to draft, maintain and adapt the three parts of the VOB (A, B and C) in line with new legal requirements and technical developments.

VOB/A – General provisions for the award of construction works

The DVA drafts and updates Part A of the VOB, which governs the award of construction works by public contracting authorities. VOB/A sets out the principles for choosing the type of award procedure, drawing up tender documents, deadlines, bid evaluation and contract award. The current version is VOB/A 2019.

VOB/B – General terms and conditions for the execution of construction works

VOB/B governs the legal relationship between client and contractor during construction. The DVA ensures that VOB/B remains a balanced body of rules offering a fair compromise of interests and that it remains compatible with the BGB law on contracts for work. Current version: VOB/B 2016.

VOB/C – General Technical Contract Conditions (ATV)

The DVA coordinates the development of the technical rules in VOB/C in close cooperation with DIN. The ATV contain technical requirements for the various trades and form an essential part of the specification of works in construction procurement.

Composition of the DVA

The DVA is composed on a parity basis of representatives of public contracting authorities and the construction industry, supplemented by representatives of related disciplines.

The contracting-authority side is represented by:

Federal government (Federal Ministry of Housing, Urban Development and Building)
Federal states (representatives of the Conference of Building Ministers)
Municipalities (associations of local authorities)

The contractor side is represented by:

Main Association of the German Construction Industry (HDB)
Central Association of the German Construction Trades (ZDB)
Association of Consulting Engineers (VBI)
Federal Chamber of Architects (BAK)

Further members represent, among others, the insurance industry and DIN.

Legal status of the VOB

The VOB is not a statute but a privately developed body of rules that becomes part of the contract by agreement of the parties. For public contracting authorities, however, budgetary law (e.g. § 55 BHO and corresponding state rules) makes the use of VOB/A mandatory when awarding construction works. VOB/B is usually agreed in public construction contracts as standard terms and is in principle subject to general-terms scrutiny under §§ 305 et seq. BGB, but as a balanced overall set of rules it enjoys privileged treatment in commercial transactions.

Significance for procurement practice

The DVA and the VOB it maintains are indispensable for construction procurement in Germany. For public contracting authorities, bidders and contractors alike, knowledge of the VOB and its current version is essential. Amendments made by the DVA can have considerable practical impact, for example on deadlines, formal requirements, defect rights and claims for additional remuneration.

FAQ

Does the DVA have a statutory basis? No. The DVA is a private-law body without statutory authorisation. Its legitimacy rests on its parity composition and the broad acceptance of the VOB in practice, case law and administration.

How often is the VOB updated? There is no fixed cycle. Updates happen on an as-needed basis, e.g. in response to changes in EU law, new Federal Court of Justice case law or technical developments. VOB/A and VOB/C were last comprehensively revised in 2019, VOB/B in 2016.

Does the VOB apply to construction contracts automatically? No. The VOB only becomes part of the contract if the parties expressly agree to it. For public contracting authorities, the use of VOB/A is mandatory under budgetary law.

What happens if VOB/A and the GWB conflict? Above the thresholds, the GWB (§§ 97 et seq.) prevails as a formal statute. VOB/A Section 2 is designed to meet the requirements of EU law and the GWB.

Last updated: January 2026 All information provided without warranty. For legally binding advice please contact a law firm specialising in procurement law.