Artikel 40

1. When it has been agreed that a portion of the accommodation programmes submitted under Article 38 of the present Convention shall be met by new construction, the authorities of the Forces shall inform the appropriate German authorities, at intervals related to the programmes under Article 39, of their building programmes, furnishing if possible details of the character, extent, location and required completion date of construction for each project and, as far as becomes necessary, supplementary details and alterations. The German authorities shall, without delay, communicate their comments to the authorities of the Forces. If necessary, joint consultation shall thereupon take place for the purpose of achieving an agreement which will enable the Forces to meet their defence mission.
2. The implementation of the building projects to be paid for from the German defence contribution shall be carried out by the German building authorities according to German legal provisions and established building regulations. The authorities of the Forces shall establish and notify to the German authorities their requirements as to specifications, shall participate in the planning, the invitation and opening of tenders and the letting of contracts and may reject any tender for good and cogent reasons, of which the German authorities shall be informed. The authorities of the Forces may inform themselves of the progress of the building operations at any time, inspect building records and demand information. The authorities of the Forces may at any time inspect the building operations but shall exercise supervision of the project through the German building authorities. Where the authorities of the Forces require subsequent deviation from contracts, their requirements shall be communicated to the German authorities in writing. The acceptance of the fulfilment of a contract shall be given to the contractor by the German authorities only with the written consent of the authorities of the Forces.
3. Repairs and maintenance shall be carried out by German authorities if requested by the authorities of the Forces in accordance with mutual agreements. The provisions of paragraph 2 of this Article shall apply mutatis mutandis.
4. This Article shall not apply to minor building projects, to building orders which have been placed before the entry into force of the present Convention or to building orders as to which special understandings have been reached. The definition of minor building projects shall be fixed by bilateral agreement.