Service Contract (Dienstvertrag)
A contract type under Section 611 BGB where the activity itself is owed, not a specific result.
Under a Dienstvertrag, governed by Section 611 BGB, one party commits to performing the promised services, meaning to carry out an activity. Unlike a Werkvertrag, no specific result is owed, only a careful, competent execution of the agreed activity.
Payment is earned for the time or activity performed, regardless of whether a particular outcome actually materializes. A consultant who carries out a process analysis diligently is paid even if the analysis ultimately reveals no actionable savings potential.
A special form of the Dienstvertrag is the employment contract under Section 611a BGB. It differs from a classic freelance service contract through the employee's personal obligation to follow instructions regarding content, place, and time of the work.
Distinguishing it from a Werkvertrag is central, as it determines liability and when payment is due: under a Dienstvertrag, the service provider is not liable for achieving a specific result, only for carrying out the agreed activity with care.
Practical Example
A company engages an external consultant for ten consulting days to support a process changeover. The consulting days delivered are paid regardless of the specific outcome ultimately achieved.
How Leanshift Helps
Guidance and consulting, as typically governed by a service contract, also shape Leanshift's approach: impact comes from careful, ongoing collaboration rather than a one-off promise of results.
Frequently Asked Questions
Is a service provider liable if the desired outcome does not occur?
Generally not, as long as the activity was carried out carefully and competently, since the activity itself is owed, not a result.
What distinguishes an employment contract from a freelance service contract?
An employment contract is marked by the employee's personal obligation to follow instructions, while a freelance service contract generally allows more freedom in how the work is carried out.
Can a consulting contract also be structured as a Werkvertrag?
Yes, if a concrete, verifiable result is agreed, a Werkvertrag may apply instead of a Dienstvertrag.