Contract Management5 min readUpdated:

UAV-GC 2025: The Strategic Analysis You Won't Find Elsewhere

Why Paragraph 2a is not just 'chatter' and how the €1.5M floor of Paragraph 28 destroys project margins. An insider analysis.

UAV-GC 2025: The Strategic Analysis You Won't Find Elsewhere

In Brief (BLUF)

The UAV-GC 2025 is not an update, it is a warning. Discover why the 'collaboration provision' is legal ammunition and how information duty shifts radically.

Key Takeaways

  • From Soft Skill to Hard Requirement: The Collaboration Paradox.
  • Hard floor of €1,500,000 for liability after delivery.
  • The Burden of Proof Shifts: Assumptions as Risk.

While the mainstream construction world circles around the "cozy" new cooperation paragraph, most strategists are missing the true financial dynamics of the UAV-GC 2025. Yes, Paragraph 2a preaches harmony. But anyone reading past the introduction sees not an update, but a contractual warning: we are shifting from control to hard risk allocation.

The Collaboration Paradox (Paragraph 2a)

The most discussed change is undoubtedly Paragraph 2a, often framed as the new "cooperation provision". The concept? Client and contractor communicate proactively based on trust. Sounds noble, but here is the catch:

The "Soft Skill" has mutated into a Hard Requirement.

In a conflict, an arbitrator will no longer look purely at technical delivery, but at your process attitude. A passive contractor waiting for instructions is committing contractual suicide. "I did what was written" is no longer a defense if you could have known things would go wrong. Proactivity is no longer a bonus; it is your only legal ammunition.

The Information Risk: The Burden of Proof Shifts

Under the UAV-GC 2005, responsibility for soil information lay largely with the client. The 2025 version turns the tables subtly but mercilessly via the new information regulations (§3 and §4).

Is information missing? Then you are obligated to make assumptions and make them explicit. The trap? If reality deviates, the burden of proof lies with you. You must demonstrate that your assumption was that of a "carefully acting contractor." The time when you could claim based on "unforeseen circumstances" is over if you didn't do your homework beforehand. You are now the architect of your own risk.

The Financial Floor: €1,500,000 Minimum

Here is the math that few contractors do, but that should keep every CFO awake at night: Paragraph 28.

For defects discovered after two years, a liability limit of 10% applies. Sounds reasonable? Watch out. A hard floor of €1,500,000 has been built in. Even on a project of 5 million euros – where the 10% rule would normally mean €500,000 – the counter immediately ticks up to one and a half million. This is not a fine print detail; this is an existential business risk for parties without a watertight portfolio.

The Strategic Move

The UAV-GC 2025 is not a document to sign blindly because "the market does it." It is an instrument for professional clients who dare to let go, and for mature contractors who dare to manage risks.

Stop reading summaries. Start modeling your risk profile. Because with Paragraph 2a, you want to be the one leading the process, not the one blindsided by legal consequences.

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Tags

#UAV-GC 2025#Contracts#Risk Management#Construction Law

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