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VOB contract: Change in the generally recognized rules of technology between ...

In the event of a serious and final refusal of performance by the contractor, the client who demands an advance must at least implicitly express that he wants to terminate the contract with the contractor (deviation from BGH, judgment of January 12, 2012, VII ZR 76/11, BGHZ 192, 190 Rn. 9; ... default judgments of October 9, 2008, VII ZR 80/07, BauR 2009, 99 Rn. 16 = NZBau 2009, 173 ... and of July 5, 2001, VII ZR 201/99, BauR 2001, 1577, juris Rn. 6 = NZBau 2001, 623; ... judgment of April 20, 2000, VII ZR 164/99, BauR 2000, 1479, 1481, juris Rn. 21 = NZBau 2000, 421).

He justified the dispensability of the notice of termination with the fact that the contractor had lost the right to fulfill the contract due to his final refusal, so that there could no longer be unclear circumstances about the further construction process (see BGH, judgment of January 12, 2012 - VII ZR 76/11, BGHZ 192, 190 Rn. 9; ... default judgments of October 9, 2008 - VII ZR 80/07, BauR 2009, 99 Rn. 16 = NZBau 2009, 173 ... and of July 5, 2001 - VII ZR 201/99, BauR 2001, 1577, juris Rn. 6 = NZBau 2001, 623; ... judgment of April 20, 2000 - VII ZR 164/99, BauR 2000, 1479, 1481, juris Rn. 21 = NZBau 2000, 421).