Private Construction Law
Private Construction Law has recently become one of the most complex and comprehensive legal specialities. It governs the relationships between the building owner and the parties involved in the construction work, such as craftsmen, architects and engineers.
Expertise, especially in the fields of general and specific civil law (BGB - German Civil Code), the German Construction Tendering and Contract Regulations (VOB Parts A, B and C), the Official Scale of Fees for Services by Architects and Engineers (HOAI), the DIN standards and their application as well as the generally recognised rules of technology are essential for a successful outcome of the formerly agreed upon work result. Expert knowledge is derived from many years of practical experience – and that we have.
Public Construction Law
In the field of Public Construction Law, we will manage or clarify your building permission for your projects. The same applies to planned changes to existing properties with regard to construction and/or use and its compatibility with relevant, partly specific to federal states, zoning law [Bauplanungsrecht] and building regulations law [Bauordnungsrecht]. For such projects may also be of importance, among others, heritage preservation laws, soil protection and contaminated sites laws.
We will gladly guide you through issues of land-use and zoning plans, designing urban building contracts, including all other urban procedures, such as apportionment, development, etc.
We continue to cooperate actively with permitting authorities. Yet, as conflicts are unavoidable, we would appreciate representing you in administrative and higher administrative courts in asserting your rights, for example, regarding building permits that you desire, help defend you against unjustified use prohibitions or demolition refusals.
Project Management Law
Construction sequences are to be coordinated, controlled and monitored in technical, legal and economic regards. These services are often assigned to project managers. Within the scope of the commissioned consulting and coordinating, information and monitoring services, significant legal and factual problems often occur between the people involved in the construction process – whether it be in terms of compensation, segregation of the project manager’s duties, warranty and liability, termination options, etc.
In the field of project management, we can not only inform you and explain possible related issues, but we can also assist you in solving these problems.
Architects’ and Engineers’ Law
This very demanding area of law is essentially occupied with specific issues as regards the law on fees for services, the liability law in conjunction with the professional liability insurance law for architects and engineers. For example, most important regulations of HOAI invoicing in practice go by mostly unobserved or erroneously applied, and thus lead to substantial fee losses with architects and engineers, particularly with instalment and final invoices.
We have in-depth knowledge and experience in the above mentioned issues, which we gladly pass on to you. The desired result can be achieved based on the interaction of technology and law.
Real Estate Transactions
Opportunities and risks of a transaction essentially depend on a sound, well thought out contract draft as well as the appropriate property. In order to recognise risks on both sides ahead of the conclusion of a contract, not only practical experience is needed, but one must also be cognitive of hurdles from civil and tax law, problems as well as the most current case law.
We know what is to be observed during the transaction process, especially in terms of designing asset and share deals, including tenancy agreements. We also know the "deal-breakers" and can give many specific impetuses in the context of counselling.
Some time ago, the Federal Supreme Court of Germany made a few landmark decisions in the field of the so-called "real property law" and thus altered the law of real estate that was previously regarded as very static.
However, this is an area that is often difficult to navigate for justice-seeking persons. Parcels of land, apartments and other types of property are acquired, built, partitioned, managed, sold, rented, demised, refurbished, repaired, mortgaged or the like. The legal provisions for the outlined circumstances are very specific since topics, such as charges on land, mortgages, rights of pre-emption, compulsory administration and compulsory auction by court order, etc. do not only sound complicated, but actually are very elaborated. We would be glad to help you to apply the legal provisions in your favour.
One of the most important components in the context of project development is the harmonisation of the contractual agreements of the parties involved with the objective of an “all-in” solution, while also maintaining maximum flexibility. Herein, no extensive legal opinions are needed, but, as a general rule, scheduling and cost controlling of the project in order to meet the practical needs during the execution of the construction works. Frequently, a decision must be made on how to proceed further within a short amount of time and that within the volatile fields of real estate sale and purchasing operations, property management, new building projects, financially underperforming real estate investments, etc.
Landlord and Tenant Law (Commercial and Residential Tenancy Law)
Residential Tenancy Law deals with the segment of tenancy law that governs residential tenancies and housing. From a landlord perspective it is particularly important – shown by our many years of experience – to restrain the now widespread phenomenon of “rental nomads“. The long awaited reform of tenancy law in 2013 also failed to bring about any balance in landlord tenant relations and furthermore, it did not even try to touch on tenancy law for business premises. As before, especially as far as the bills of utility costs are concerned, the jurisdiction of the courts is construed as tenant-friendly. Besides, there are many obstacles in place for every decent landlord regarding termination, action for possession, the eviction itself, etc.
We are very familiar with the alterations “in favour” of the landlords, so that our guidance – as intended by the lawmaker - actually effectively facilitates the simplification and acceleration of payment and eviction.
Commercial rental contracts are to be differentiated from rental contracts for residential properties, because no specific tenant protection provisions apply here. But also commercial leases display many important features, which, if ignored, entail significant economic consequences, mostly in the form of disadvantages at the expense of the landlord.
Residential Property Law
German federal Residential Property Law is to be distinguished from the aforementioned. It concerns the ownership of individual apartments or commercial units within a house or a larger building complex. Within an overall building project, the property is distributed among different property owners. Legally, systematic interpretations and particularly knowledge of idiosyncratic jurisdiction are absolutely necessary herein, because home ownership, due to its uniqueness, per se it brings about numerous conflicts.
Corporate Law the area of law that deals with business management and management control at the cross-section of trade law, employment law, fiscal and corporate law, antitrust and competition law. We will gladly advise you on how to choose the right legal structure for your business and inform you on the rights and obligations of a businessperson. For example, many companies are founded by two partners and are often also run by both. Eventually, they are often run into disagreement. This is where a lawyer comes into the picture as a de-escalating and mediating force. At the same time we also provide you with competent assistance in the event that the escalation has already developed.
Labour and Employment Law
Whether you are an employer or an employee, we provide you with specialized legal advice on questions concerning the creation or termination of an employment relationship (employment contract, termination, references or certificates, etc.) as well as on all further challenges which might arise throughout the term of an employment agreement.
Most German citizens easily fall victim to a fatal pattern of black and white thinking. On the one hand, they see the exploited workers and on the other hand the employers, who only care about profits at the expense of their employees.
But the reality looks quite different: On the one hand, there is the hard working ruler, who wants only the best for the company and creates jobs. On the other hand, there is the employee, who, from the employer’s perspective, comes up with ever more utopian demands. Whoever creates work for others deserves the utmost respect. The same applies to employees, who have to adjust to ever-changing situations and proactively do their best within their area of responsibility.
The importance of labour and employment law has grown steadily for both parties to employment contract.
Legal advice and representation in this area are essential for justice-seeking persons and mostly – on both sides – of existential importance. Economic constraints, ever-increasing demands on the flexibility of workers and bureaucratic constraints for the employers lead to increasingly complex labour disputes.
Here, early legal advice can specifically protect you against economically unreasonable decisions.
The economic success of a verdict is achieved through the swift implementation of said verdict. This is one of our main tasks. Our expert staff of legal assistants constantly undergo further training in this field.
In conjunction with the lawyer, enforcement procedures against all assets of the debtor are initiated using the whole range of reasonable possibilities and carried out in collaboration with bailiffs and law enforcement officers.
But there is also a second side to foreclosure law. If, for example, there is a title that is supposed to be enforced, we are willing to develop defence strategies. Otherwise, it makes sense, in any case, to contact the respective creditors and to negotiate a settlement agreement that is in the interest of all parties involved – of course primarily in the interest of our clients.
Legal Due Diligence
The legal due diligence examination involves a detailed examination of all legal aspects with regard to opportunities and risks in connection with a (real estate) transaction, in particular of the investment object itself - be it a property itself or a company. This with the aim of creating a suitable investment decision basis.
Examination of the land registry situation, building list and list of contaminated sites
if applicable, existing leases and examination of the current stated number of tenants as well as the purchase price relevant rental income
Public legal starting point (redevelopment area / conservation statutes / development statute / B-plan / monument protection)
Restoration measures, in particular warranty rights
Litigation, credit liabilities, guarantees, etc. of the company
- etc. pp.
At the heart of this important real estate special area is the contractual relationship between the seller / buyer of a property and the broker. Characterized by the principles of general contract law, the brokerage contract itself contains only four (!) Provisions in the Civil Code. The brokerage law is therefore significantly influenced by a large number of case law. Not least because of the peculiarity of the performance-based commission, the legal relationship between the brokerage firm, the buyer and the seller of the property is often complex and particularly susceptible to litigation.
Civil Procedure Law
The civil action is the court procedure in civil litigation to enforce private claims.
It is highly complex and complicated due to many special features.
The Code of Civil Procedure covers over 1,000 paragraphs.
In the district court, i. e. in the case of claims with a value of more than € 5,000.00, therefore the representation by a lawyer is mandatory.
We have decades of experience, especially in this area, with regard to the successful enforcement of your claim, as well as the defence against an unjustified claim in court.
We are specialised in conducting a lawsuit.
Conducting lawsuits is not only operated casually.
Right of Appeal
The appeal is a legal action for the review of an adjudication by a superior court.
In principle, it is used for error control and elimination.
Special knowledge is required about the specific characteristics for a successful appeal procedure.
Right of appeal is a demanding subject.
We are happy to help with the review of the prospects for the appeal against a first-instance judgment, as well as in the conduct of an appeal procedure with a generally positive forecast.