To my understanding, the judgment refers to several defects that the contractor could not eliminate because no construction electricity was provided by the client (builder). Since this naturally led to a lot of trouble in a domino effect, the contractor sued.
The original poster asked for our approval / disapproval of his interpretation that he does not have to bear the costs for construction electricity / construction water and apparently dreams of a legal ruling based on "majority relations" between court judgments that read similarly or oppositely:
I understand the judgment 12 U 119/21 of the Higher Regional Court Schleswig from 31.08.2022 to mean that builders usually would not have to bear the costs for construction electricity / construction water. However, I cannot find any further rulings in this sense nor any experience reports from builders who tried to refer to this decision.
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Yes, here one must say again that you cannot just look at individual sentences of a judgment, but that the basis of such judgments is always the contractual fundamental service.
... unfortunately he only cites the final instance judgment. As if this were not difficult enough to digest in its full text, one would actually have to investigate the first instance judgment in the same procedure. He says nothing about his contract, even though that would actually be the most interesting basis from a factual point of view. Legally, as said, a Hamburg, Bremen, Lower Saxony, or Bavarian regional court could very well assess the same matter entirely differently.
The facts here are mainly two things: construction electricity and construction water are indispensable prerequisites for fulfilling a construction contract, are subject to fluctuating conditions, and are therefore commonly regulated in the market as "to be provided by the builder." It goes without saying that giving them to the builder for free can never be an option, as these are significant cost items. And, as said, the German Construction Contract Procedures (VOB) do not include them in the otherwise popular interpretation of consumer protection as a "citizen’s right to protection from naivety of the non-merchant." In some construction contracts it might be possible that the contractor agrees to include the risk of conditions for these two items in his lump sum scope of services. However, this rather speaks against the solidity of such contractors' calculations. No general contractor, no matter how large, receives free shipping vouchers from his suppliers for these two items. Ultimately, the client, as the largest stakeholder in a single-family house construction project, always has to bear these costs.