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miRS-tonpon - Sturmpanzer.com

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"The large scale construction work undertaken and the necessityof making use of all available resources in personnel andmanpower demand the creation of a simplified administrativeapparatus, and at the same time the ac<strong>com</strong>plishment of greatresults. For this reason in single construction sub-sector(Bauab sennitt) a consolidation of firms (German and foreign)must be effected under the leadership of one single firmhereby referred to as the "Contracting Party" (Hauptunternehmer).The OT will deal directly with the Contracting Party withregard to all questions which are of the same nature for all"sub-contracted Parties" (Nachunternehmer) concerned."The drive against small and inefficient firms was conducted withincreasing effort, and it was quite a <strong>com</strong>mon practice to either forcea small firm into an Arbeitsgemeinschaft or to make it a subcontractor(Nachunternehmer) to a larger firm. An inefficient firm could alsobe dissolved and its tools and machinery "rented" by the OT, underthe "Geratemietvertrag" (Contract for the lease of tools and machinery).( See para 63 v below).Legal relations between the OT and Contracted firms (German andforeign) are now maintained, therefore, through standardised contracts.The first part of a contract, the Job Specifications, (Auftragsbedingungender OT), lay down the conditions under which all tasks on constructionprojects of the OT must be executed. The second part of thecontract, the Legal Agreement (Vertragsurkunde) gives specifications ofadditional agreements to suit a particular project.A contract may be assigned to a single firm (German or foreign)or a <strong>com</strong>bine of firms (Arbeitsgemeinschaft). The single firm orA r beitsgemeinschaft may subcontract smaller firms under the conditionslaid down in the Job Specifications whereby the Arbeitsgemeinschaft orsingle firm acts as Contracting Party (Hauptunternehmer; and the(smaller) firms be<strong>com</strong>e the Contracted Party (Nachunternehmer).The Amt Bau - OTZ, Einsatzgruppe, Einsatz, OBL, representing theGerman Reich, is designated as the Bauherr (Construction Landlord).Two examples of actual contracts, between Bauherr and a ForeignUnternehmer, and between Hauptunternehmer and Nachunternehmer, arereproduced in para 64 below.63« Types of ContractsOT -Selbstkostenerstattungsv.ertrag (Cost Reimbursement Contract)This contract provides for the reimbursement of overall costs of thecontracted firm by the OT plus a <strong>com</strong>mission, normally l^/ o - thefirms Profit - upon the successful <strong>com</strong>pletion of the assigned task.(ii) OT - Leistungsvertrag (Efficiency Output Contract). On the basis of this contract, the OT provides all labour andbuilding construction materials (except tools and machines which arerented from the Contracted Firm). A1J. labour is paid by the OTaccording to standardised tariffs, and the profits of the firm are<strong>com</strong>puted on the basis of the wages paid.(iii) OT - Stundenlohnvertrag (OT Hour Wages Contract)This Contract is based on the number of working hours used to<strong>com</strong>plete an assigned project. It is used chiefly in trades whichare allied to the Building and Construction Industries (Baunebengewerbe)but not the main industry itself.

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