If the contractor sets a reasonable deadline and the client neither accepts nor refuses with at least one named defect, the work counts as accepted anyway — § 640 Abs. 2 BGB. The client cannot simply go quiet. Silence is a decision the statute makes for him.
Reserving your rights at acceptance
A German client who accepts work despite knowing of a defect must expressly reserve his rights over it, or he loses them — § 640 Abs. 3 BGB. Signing the acceptance while unhappy is not a position available to him. He either states the objection at that moment or it is gone.
Acceptance
German work contracts turn on a formal act called Abnahme, governed by § 640 BGB. Until it happens, the contractor must prove the work is free of defects. After it, the burden reverses and the client must prove the defect exists.
Acceptance also makes payment due, starts the warranty clock, and passes the risk of accidental damage to the client.
One declaration changes who has to prove what. Both sides know exactly which side of it they are standing on.
Registering concerns
German construction law places a duty on the contractor: where he has concerns about the intended method of execution, about materials supplied by the client, or about the work of other trades, he must notify the client immediately and in writing, and preferably before starting. The provision is § 4 Abs. 3 VOB/B.
Doing so releases him from liability for defects arising from those points. Failing to do so leaves him liable for consequential damage he did not cause.
The obligation runs the wrong way for a contractor’s own interest, and it is the law.
Do it Yourself
Often German managers would rather complete a certain task themselves instead of passing it on to a team member. Many do repairs in their house, fix their cars, and some sit in their office at home until late into the night.
For those with limited financial resources, doing things yourself might be a question of economics. For others, there is a German reason: they often have a clear picture in their mind of how the final product should look. That they don‘t hand it off to a team member is not a sign of mistrust or lack of confidence.
Instead, Germans are skeptical that the other person will fully understand what is expected. By the time they have explained the task and how the final outcome should look, they most likely will have completed half of the work.
For the team member will create her own picture of the final product. Two pictures of what the work should look like. A dilemma for every customer-supplier relationship.
Consensus via Dialogue
Precisely because it is so important to Germans to work in an independent, self-managing way, and because they usually have a clear picture in their mind of what the end result should look like, it is critical that customer and supplier reach as high a level of consensus as possible about what is to be achieved and how. All too often, however, the supplier simply asks for an okay from the customer about certain details.
When the details of collaboration need to be worked out, then colleagues from both sides sit down together and discuss them. Germans strive to work in integrated ways, including work processes. German customers and suppliers do their best to work as partners.
To clarify details is to address the how, whether it be a technical matter, how a given process is interpreted and lived, or how the organization is structured. Germans place great importance on clarifying as many details upfront as possible. They want to anticipate possible problems. Participating in and contributing to this upfront clarification process is critical to the success of customer-supplier relationships in Germany.
Abstimmen. Clarify, decide on, together; to decide based on voting; to bring things together, harmonize, agree on; to co-decide, to discuss with another person; to listen carefully and consider the other point of view, then find a joint solution; to establish consensus together.
Critical Loyalty
Capable consultants not only provide good advice, but they also denken mit, think with. With the client about solutions, ideas, approaches to implementation. Therein lies the added value. That is why consultants are paid. Mitdenken, thinking with, however, also means thinking independently, including correcting or contradicting the customer.
A good consultant is not an order taker. Instead she knows when to challenge the customer, when to point out what is best for the customer, even when the customer does not recognize it, believe it or want to hear it.
Criticism and critique are in general positive in the German culture. To accept criticism, though, is not easy for anyone. Criticism can be interpreted as disloyalty, even though constructive criticism is in many ways the highest degree of loyalty. Criticism points out dangers, identifies ways to optimize, helps to make difficult decisions.
Germans are a direct people, including how they communicate criticism. But they also see it as their duty, as their responsibility, to point out to their colleagues, boss or customer what does not or will not work. Discreet conversations under four eyes which address critical issues is what capable consultants do. These conversations are a sign of loyalty and trust.
Kritische Loyalität. Literally critical loyalty, or loyalty which voices criticism, which address critical topics.
Look at my work
German non-governmental organizations – NGOs – are confronted by the dilemma that they need to function well as organizations, but do not want to give their members the impression that they work for an organization.
Internal power struggles are poisonous for small, low-budget organizations. Members need to know that they are serving a higher purpose and not an organizational structure, much less specific people within that structure.
For Germans, their work, what they accomplish day in and day out, is very much a part of their personal identity. On the one side this makes it difficult for them to maintain distance from their work.
On the other, however, it enables them to work very conscientiously and independently. The German logic is: “Do you want to understand who I am? Look at my work.“
Dienen
As is the case with many English terms, the Germans prefer to use the word service instead of dienen. The term dienen can be traced back to the 8th Century, when it meant runner, messenger, serf. Dienen in today‘s German means to serve, to be helpful, to be useful.
Dienen, however, also implies – and this is what Germans hear – subjugation, to place oneself below the person being served. Germans feel a loss of independence, personal sovereignty, autonomy, when dienen involves focus on the individual needs and wishes of the other person.
In such situations Germans sees themselves almost as slaves, as imprisoned, as unfree. They feel that their free will has been put on hold in order to serve the free will of the other. They no longer have the say over themselves.
Dienen, though, can have a positive meaning in the German context – namely when individuals freely choose to serve a common purpose, which is to the benefit of all, a greater good.
This all gives us a sense for why Germans avoid using the word dienen and instead prefer the English term service or the German-English combination Kundenservice, literally customer service. Germans have no problem subordinating their freedom when it comes to serving a purpose they believe in: Einer guten Sache dienen.
They do have a problem, however: serving exclusively the needs and desires of another individual. Such phrases as Ihr ergebener Diener, your loyal servant, or stets zu Diensten, at your service, have died out in Germany, and with these phrases the thinking behind them.
Der Kluge baut vor
Vorbereiten. To prepare. To anticipate a situation; to be enabled to complete a task; to do the work needed beforehand; to develop oneself.
The Germans place great value in being well prepared. They gather information early, complete the initial steps, anticipate what will come. They believe that being prepared saves time and effort, and allows them to make the best decisions.
Der Kluge baut vor. The intelligent one prepares early. Those who are not prepared, who, for example, forget to buy certain things when food shopping, or cannot respond to questions in a meeting, have only themselves to blame. To be well prepared is in Germany not voluntary, not a nice-to-have, it is expected. Germans are under pressure to think things through, to write things down, to do their homework.
The purpose of good preparation is to get the work done faster and better. One needs no more than a shopping list when it is clear what meal will be cooked. To prepare for a meeting is not difficult, provided one knows what will be discussed.
In Germany, most people have a concrete idea of how things should be, of what they plan to eat, of what they will discuss in a meeting. Germans not only make plans, they live according to them.