Construction and public contracts

The implementation of construction projects is not merely a technical task: ever-increasing demands and responsibilities also arise from the economic aspects of construction, particularly construction costs, execution time, and the efficient operation of the building. The resulting increased complexity of construction projects regularly necessitates a clarification of tasks and risks, as well as the resulting claims. With a high degree of specialization and many years of experience, we advise all parties involved in construction projects, from contract drafting and legal counsel throughout the construction process to out-of-court dispute management and the handling of litigation. Furthermore, we regularly represent and advise clients in the awarding of public contracts – not only in the construction sector. 

In construction contract law, we support building owners, general contractors and subcontractors from the tendering phase to the handling of warranty claims with all legal issues:

  • Preparation, review and negotiation of construction contracts according to VOB/B, BGB with all contractual terms:
  • ARGE contracts
  • Legal advice during construction, especially in the case of 
    • Construction delays
    • changed or additional services
    • Defects as well as safeguards, securing of remuneration claims
    • premature termination of construction contracts
    • Examination, extrajudicial and judicial enforcement or defense of claims for payment for work performed (especially from material supplements and construction time extensions)
    • Claims for defects and damages

In architectural and engineering law, we advise and represent architects, engineers, building owners and project managers in the following matters:

  • Preparation, review and negotiation of architect, engineer and project management contracts
  • Examination and extrajudicial and judicial enforcement or defense of claims for fees, defects and liability

In real estate development projects, legal requirements for buyer protection are also paramount and must be considered when structuring payment, acceptance, warranty, and liability. We provide advice on this matter. 

  • Reviewing contracts and conducting contract negotiations
  • Advice, support and enforcement of claims for defects and acceptance

The awarding of public contracts – not only in the construction sector – is strictly regulated. This results in specific procedures and formalities that pose particular challenges for the public contracting authority, as well as for bidders and contractors. We support our clients in this regard.

  • Preparation and support of the tendering process for public contracts according to VOB/A, VOL/A and VOF/A
  • Review of tender documents
  • Advising bidders on procurement violations / complaints
  • Conducting review proceedings before procurement review bodies and procurement senates

The costs and duration of legal disputes in the construction sector are almost legendary and deter many parties involved in construction projects – quite rightly so. We therefore make every effort to resolve disputes out of court, thereby saving our clients time and money. As a proven method for out-of-court dispute resolution, we offer construction mediation in addition to conciliation and arbitration.

The lawyers
Lawyer and Notary Public (Partner)
Lawyer and notary (partner)

Events

No recent entries available.

Current Construction and Procurement Law

25.07.2023

Draft law: Legal right of a tenant or homeowner to install a balcony photovoltaic system

In times of rising electricity prices, the demand for solutions to keep these costs as low as possible is also increasing. This increasingly includes the purchase of a photovoltaic system for...
18.11.2022

The right of a condominium owners' association to bring legal action to assert rights relating to defects

The Federal Court of Justice has ruled that, even after the reform of the Condominium Ownership Act, the community of apartment owners retains the rights to remedy defects in the common property...