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BGB 641. 2 The remuneration of the contractor for a work whose production the customer has promised to a third party is due at the latest to the extent that the customer has received from the third party his remuneration or parts of his remuneration for the production of the promised work , to the extent that the work of the customer has been accepted by the third party or is deemed to have been accepted , or to the extent that the contractor has unsuccessfully set the customer a suitable deadline for information on the circumstances referred to in Nos . 1 and 2. If the customer has given the third party security on account of possible defects of the work , sentence 1 applies only if the contractor gives the customer an appropriate security .
BGB 648a. 5 If the contractor has unsuccessfully set the customer a suitable deadline to provide the security in accordance with subsection ( 1 ) , the contractor may refuse to carry out the work or may terminate the contract . If he terminates the contract , the contractor is also entitled to claim the agreed remuneration ; he must however allow set-off of the expenses he saves as a result of cancelling the contract or acquires or wilfully fails to acquire from other use of his labour . There is a presumption that the contractor is accordingly entitled to five percent of the remuneration accounted for by the part of the work not yet provided .