Construction Law

Construction and real estate are complex areas of law, comprising equally complex technical matters that are subject to constant change due to new special regulations and case law. In addition to standard regulations such as VOB (German standard building contract terms), statutory construction and architects' law or HOAI (German fee regulations for architects and engineers), international frameworks such as FIDIC contracts, procedural rules for arbitration, and dispute resolution mechanisms established during construction, are rapidly gaining significance. Our specialist team of construction and real estate lawyers provides our clients with high quality, pragmatic support in all areas of construction and real estate law, with a focus on the client’s economic interests. We cover all core and complementary areas of law, from classic construction contract law to the law of architects and engineers, the laws on technical plant construction (including FIDIC contracts), on public construction and licensing, construction purchases and construction products, construction safety as well as construction insurance and construction insolvency. All of our construction lawyers have extensive out‑​of‑​court and litigation experience.

The implementation of large‑​scale projects with numerous interfaces and trades often leads to conflict caused by significant delays in construction and considerable consequential cost increases. Our team of lawyers’ extensive experience in the construction industry work has shown that prudent and strategic action on the part of both the client and the contractor at an early stage is crucial. Often disputes can already be avoided by including consensual arrangements in contracts or solved by agreeing on reasonable economic interim solutions during the construction phase. If consensus cannot be reached or other situations of crisis arise, litigation/​arbitration or other dispute resolution mechanisms are often unavoidable. Our lawyers cater to our clients’ specific needs, delivering optimal solutions both in and out of court. In complex cases, we form interdisciplinary teams with the requisite expertise on an ad hoc basis to provide integrated and efficient advice from a single source.

We provide expert advice across a range of matters, including

Sectors

• Building construction, civil engineering and bridge construction 
• Technical plant construction 
• Road construction (road, rail, water)
• Architects and engineers (fees, liability, recourse, BIM)
• Project control
• Real estate transactions

Services

• Contract drafting (planners, general contractors, individual trades, EPC contract, etc.)
• Ongoing legal advice during construction
• Project- and claim management
• Enforcement and defence of claims (remuneration, additional claims, EOT claims, damages, etc.)
• Support in adjudication
• Litigation and arbitration (incl. national and international arbitration proceedings)
• Risk and crisis management (discontinuation of work, termination, substitute performance, insolvency)

Clients

Federal, state and other public clients, major energy utilities in Germany and abroad, transport structure companies, DAX corporations, general contractors and specialised construction companies operating both internationally and nationally, as well as national and international specialised plant construction companies, planning companies, project managers and architectural and specialist engineering offices.

Credentials¹

Airports, bridges and tunnels, power plants and energy plants, wind parks (off‑​shore and on‑​shore), road, rail and water traffic, industrial, office and commercial complexes, technical large‑​scale and special plant construction, clinics and other diverse large‑​scale construction projects.

¹ With regard to our commitment to professional discretion, the list of credentials is restricted to representation cases published by the courts/that are public knowledge (section 43a (2) of BRAO

lawyers in Construction Law