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Payment deadlines, statute of limitations & special considerations 2025

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Contractor Invoices: Payment Terms, Statute of Limitations & Special Considerations 2025

Contractor Invoices: Payment Terms, Statute of Limitations & Special Considerations 2025

Valentin Bayh

4

min read

Contributors

Valentin Bayh

Managing Director | SFG Receivables Management

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As a trades business, you know: issuing invoices is one thing—getting them paid is another. This guide explains your rights regarding payment deadlines, limitation periods, and special provisions. Plus: how tools like KLEVERBILL can help you get paid faster.


1. Why this topic is important for trades businesses


Payment delays cost real money

  • According to a 2023 Chamber of Industry and Commerce (IHK) study, 42% of craft businesses wait longer than 30 days for payment

  • One in five clients pays only after a reminder


Legal special provisions

  • Trade invoices are subject to specific rules

  • Deadlines and limitation periods are critical for enforcing your claims


2. Payment deadlines for trade invoices


Statutory provisions

  • Section 286 BGB: 30 days after receipt of the invoice (unless otherwise agreed)

  • Contractual deadlines: Can be defined individually (e.g., "14 days net")


Practical tips

✅ Issue the invoice immediately (ideally when the work is completed)
✅ Communicate the payment deadline clearly (in bold in the contract and on the invoice)
✅ Send reminders early (not only after 60+ days)


3. Limitation periods for trade invoices


Key deadlines

  • Standard limitation period: 3 years (§ 195 BGB)

  • Start: From the end of the year in which the invoice was issued


Avoiding limitation

  • Obtain written acknowledgment of the debt

  • Accept a partial payment (interrupts the limitation period)

  • Document reminders


Example:An invoice dated 15/03/2024 becomes time-barred on 31/12/2027 (not on 15/03/2027!)


4. Special features of trade invoices


Mandatory information

  • Name/address of both parties

  • Tax number/VAT ID

  • Special note: For construction services, also observe Section 14a UStG


Typical mistakes

❌ No service date stated
❌ Generic description ("repair work")
❌ Forgotten small-amount invoice rule


5. How to enforce claims (with KLEVERBILL)


Step 1: Issue a professional invoice

  • Clear payment deadline information

  • Digital invoice by email (faster delivery)


Step 2: Automate reminders

  • KLEVERBILL tip: Set up staged reminders

  • Reminder (5 days after due date)

  • Reminder notice (14 days later)

  • Reminder + fees (after a further 14 days)


Step 3: Act if payment is not made

  • Engage a collections agency

  • Initiate court dunning proceedings


6. Frequently asked questions (FAQ)


Question 1: May I charge reminder fees?➡ It depends on the customer segment:

For private customers (B2C):

  • No statutory percentage cap

  • Only actual costs are recoverable (postage, printing, paper)

  • Judicially recognized: €2-5 per reminder

  • Flat fees above €5 are usually invalid (including under terms and conditions clauses)


For business customers (B2B):

  • Statutory flat fee of €40 pursuant to Section 288(5) BGB

  • Due in addition to default interest

  • No contractual clause required (automatic entitlement)


Question 2: What should I do if payment is refused?➡ Written demand with a deadline, then legal action.


Question 3: How does KLEVERBILL help?➡ Automates the dunning process, calculates the correct fees, and documents everything in a legally compliant manner.


7. Conclusion: Security in invoice management


  • Communicate payment deadlines clearly

  • Keep limitation periods in view

  • Automate dunning (e.g., with KLEVERBILL)

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