A project management contract is basically a combination of control and organisational services with the performance of management and service functions. If the project manager owes a certain success, for example in the case of the technical construction supervision of a general contractor, the element of a contract for work and services is predominant. If, on the other hand, the agreement is not success-related, a service contract is to be assumed (Münchener Kommentar/Busche, BGB, 8th ed., § 631, marginal no. 159).
The classification of a project management contract as a contract for services or a contract for work and labour therefore depends on the individual case (cf. Werner/Pastor, Der Bauprozess, 16th ed., marginal no. 1930 et seq.).