Trade (Gewerk) in Procurement Law
A trade is a self-contained service area in construction and forms the basis for specialist-lot procurement and lot-based awarding.
Definition: A trade (Gewerk) is a technically delineated, self-contained service area in construction – such as electrical installation, heating, sanitary or drylining – that can be tendered and awarded as a stand-alone specialist lot.
Last updated: January 2026 · Legal basis: BVergG 2018, § 5 VOB/A, Directive 2014/24/EU
What is a trade?
The term "trade" (Gewerk) refers in construction to a technically defined group of similar construction services delivered by a specialist company and forming a self-contained functional area of a construction project. Classic trades include shell construction, carpentry, roofing, windows and doors, electrical installation, heating and ventilation, plumbing, tiling, painting and decorating, and drylining.
The procurement law significance of the trade lies in its function as the basic unit of lot division: procurement law in principle requires public contracting authorities to divide construction works into specialist lots corresponding to the individual trades.
Significance in the procurement procedure
The duty to tender by trade – the so-called specialist-lot obligation – is a core principle of procurement-law SME protection and aims to enable smaller specialist undertakings to participate in public procurement procedures.
In Austria, § 97 BVergG 2018 establishes the duty to divide contracts into lots; deviations are permitted only on objective grounds and must be documented. In Germany, § 5(2) VOB/A provides that construction services should be divided into partial lots (by quantity) and specialist lots (by type and trade). § 97(4) GWB contains a corresponding obligation for the above-threshold area.
Where a contracting authority dispenses with awarding by trade and instead issues a general contractor package, it must justify this decision in writing. Without such justification, there is a potential procurement law breach that may give rise to review proceedings.
Related terms
- Lot Division
- Construction Contract
- Tender Notice
- Types of Contract
- Specification
- Procurement Procedure
- Contracting Authority
Last updated: January 2026 All information provided without guarantee. For legally binding advice, please consult a law firm specialising in procurement law.
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