Contractor Payment Dispute: Evidentiary Value of Unsigned Daily Reports

In a contractual dispute regarding payment for work based on actual effort, the lower court dismissed the claim because the contractor failed to present daily reports ("Regierapporte") for signature as required by a contract clause. The appellate court overturned this, reasoning that under the relevant law, unsigned daily reports do not eliminate the client's obligation to pay for work done; rather, they solely affect the contractor's burden of proof regarding the effort expended, meaning the contractor must prove the work and its necessity through other means, as these reports only serve as evidence and do not constitute a binding proof agreement that limits the judge's discretion.