Comparative law notes
Like other types of contracts identified in the German Civil Code, contracts are classified as "works contracts" in order to pigeon-hole them into a regime of codified rules that govern the allocation of rights, duties and remedies between parties to such a contract. Since the very process of classifying contracts to determine which of those sets of rules will apply is a bit alien to the common law lawyer and since the only analogous common law term - the contract, in general - is obviously much broader in scope than the more narrowly classified "Werkvertrag", there is little functional equivalence here, and an neologism should be used. There are simply no special rules in Common Law jurisdictions tailored to, say, "production contracts". To the American reader, the terms "works" is a bit strange. There may be an inclination to use the more Americanized phrase, "work product" contract or agreement, but since that "work product" is more accurately translated back into German as "Arbeitsergebnis", which is different than a "Werk", we suggest continuing to use the widely used translation, "works contract".