LEXIKON

In a recent decision by the Austrian Supreme Court (25 November 2025, 4 Ob 200/24a; www.ris.bka.gv.at/jus), the court had to rule on the admissibility of additional costs resulting from price increases. The case was based on a contract for work (delivery and installation of reinforcing steel), in which the applicability of ÖNORM B 2110 was agreed.

The outcome of the decision was that the contractor cannot successfully claim additional costs resulting from price increases, e.g. due to the war in Ukraine, within the scope of application of ÖNORM B 2110.

According to the reasoning of the Supreme Court, ÖNORM B 2110 stipulates that additional costs can only be claimed on the basis of performance deviations (cf. section 3.7 of ÖNORM B 2110). Deviations in performance are understood to mean changes in performance or necessary additional or modified services due to disruptions in the provision of services, whereby the disruptions must not originate from the contractor’s sphere of influence and must relate to the scope of services agreed between the parties, including the conditions of execution.

A pure price increase without a change in performance in the relationship between the parties to the contract for work and services is therefore not covered by ÖNORM B 2110.