On-Site Construction Supervision in Procurement Law 2026
On-site construction supervision: monitoring of construction execution on site – tasks, procurement and distinction from site management in procurement law.
Definition: On-site construction supervision (ÖBA) refers to the monitoring and control of construction execution taking place on site for conformity with the contract documents, plans and standards, carried out by the contracting authority or a specialist commissioned by it.
Last updated: January 2026 · Legal basis: HOAI (Germany); § 39 para. 2 BVergG 2018 (Austria); ÖNORM B 2110
What is on-site construction supervision?
On-site construction supervision (ÖBA) is a classical service in construction commissioned by the contracting authority to monitor the proper execution of works. It forms part of service phase 8 (project supervision) of the German Fee Regulation for Architects and Engineers (HOAI) and corresponds to "Örtliche Bauaufsicht" in Austrian construction according to ÖNORM B 2110.
The ÖBA acts as a representative of the contracting authority on the construction site and has no decision-making authority over contract changes, which are reserved to the contracting authority.
Tasks of the on-site construction supervision
The ÖBA assumes diverse monitoring and documentation tasks:
- Checking the conformity of the works with the execution documents
- Monitoring compliance with execution deadlines and construction schedules
- Documentation of construction progress (site diary)
- Examination and confirmation of measurements for billing
- Recording of defects and monitoring of defect rectification
- Participation in acceptances
- Documentation of impediments and difficulties
Procurement of on-site construction supervision
On-site construction supervision is a service contract which must be tendered under procurement law if the relevant value thresholds are exceeded. It is typically awarded to architects' offices, engineering firms or specialised construction supervision companies. The remuneration is governed in Germany by the HOAI (service phase 8), in Austria by contractual agreement.
Distinction from site management
On-site construction supervision and site management are related but different concepts:
| Concept | Holder | Task |
|---|---|---|
| On-site construction supervision (ÖBA) | Commissioned by contracting authority | Control/monitoring of execution |
| Site management | Contractor (construction company) | Management and responsibility of own construction execution |
The contracting authority commissions the ÖBA as its "eyes and ears" on the construction site; site management is part of the construction company.
Related terms
FAQ
Must on-site construction supervision always be procured externally? No. The contracting authority can also perform the ÖBA with its own personnel if it has suitable specialists.
From what contract value must the ÖBA be tendered? That depends on the national thresholds and value limits. In Germany, the UVgO applies to professional services in the below-threshold area, the VgV above the EU thresholds.
Is the ÖBA liable for construction defects? The ÖBA is liable for errors in supervision, not for the defects of the construction execution itself. Its liability is limited by the supervision contract and tort law.
Last updated: January 2026 All information without guarantee. For legally binding information, please consult a law firm specialising in procurement law.
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