CONSTRUCTION

BUILDING
IN A LEGAL SETTING

Building projects may be big or small, but they always are a true challenge for everyone. The involvement of several parties and different interests in the project and the necessary compliance with many legal regulations and technical rules create high requirements to all involved. 

Provided the rights and duties of the contract parties are clearly and understandably defined at the beginning of the project, the contract will be an essential foundation of a partnership relation. 

We can provide building contracts in any kind of design as templates, to be adjusted by negotiations. Our range of counseling includes:

  • General management contracts
  • General contractor and sub-general contractor contracts
  • GMP-Contracts related to setting-up building projects
  • Contracts for single lots
  • Subcontracts
  • Arge and consortium contracts

 

We prepare and support the typical legal project processes such as amendments, default, accelerations etc. Being closely involved in the project we can act as your early warning system to avoid upcoming conflicts.

We gladly take over troubleshooting if at a later phase you decide to obtain legal counseling for the project. This we consider a special challenge.

Furthermore we support you with acceptance, assertion and enforcement or defence against defect claims.

In the best interest of our clients and based on our experience with long-term building processes we prioritize on the avoidance of disputes, by way of provident counseling and out-of court settlements. Of course we will also represent you in court if necessary.

SERVICES

  • Preparing contracts, for instance building contracts for general managers, general contractors and single lot contracts (GMP-models, Partnering-Contracts, etc.)
  • Preparation of Arge, consortium  and subcontractor contracts
  • Legal counseling throughout the project
  • Contract and amendment management (Claim and Anti-Claim-Management)
  • Counseling on legal issues under private building law, in particular compensation matters  (e.g. works wages and counterclaims) and accounting
  • Collaterals such as bank guarantees, security chattels, letters of patronage, collaterals from craftsmen and BauFordSiG
  • Acceptance and defect liability
  • Default damages, penalties
  • Contract terminations, accounting problems
  • Insolvency of contract partners
  • Damage compensation claims and complex damage management
  • Search for surveyors, preparation and negotiation of arbitrator contracts
  • Preparation and negotiation of conciliation agreements, support in litigation(e.g. according to  Betonverein, SOBau),
  • Taking over arbitration or conciliation functions 
  • Support for or performance of mediation proceedings
  • Litigation management, foreclosure
  • Trainings on private building law issues