Construction Law

Construction Law

German Construction Law

Construction law has evolved into a practice discipline in its own right. The Law Firm EDIFICIA Lawyers are pleased to assist commercial clients in building and infrastructure projects in Germany or in developing countries.

German Construction Law deals with matters relating to residential and commercial building developments, engineering and infrastructure projects.

 

Public & Competitive Tendering

It is in essence an amalgam of contract law, commercial law, planning law, employment law, partnership and procurement law. Public tendering is often compulsory for larger building projects. As a result, the work EDIFICIA Lawyers in Construction Law covers a wide range of legal issues:

  • the drafting of construction contracts
  • Filing construction claims as a result of a breach of contract (collection of claims, remedying defects, claiming construction damages, rescinding a contract)
  • Creating a consortium or partnership for larger projects
  • Advising on bank guarantees, sureties and liens as well as other security interests.
  • Consultancy work in tendering processes (procurement)
  • Assisting in dispute resolution either in court or outside courts.

Construction issues affect many participants in the construction industry, including, architects, builders, engineers, construction workers, planners and surveyors, real estate agents and – usually as a guarantor – financial institutions,

German Construction law is primarily based upon codified law as set out in the German Civil Code, the Commercial Code, Unfair competition laws and specific building regulations, such as the VOB. In addition, environmental and health issues play an ever increasing role in building and infrastructure projects.

Although no special contract formalities are required, it is common practice to use standard-form contracts for national projects.

 

Project Development

For projects in developing countries, which are often funded by the EU, the World Bank, the Asian Bank or other international institutions, the FIBIC-contracts and relating versions are often used as a standard-form contract. EDIFICIA Lawyers has special expertise in this area.

In order to avoid the interruption of a project, parties are advised and often use alternative forms of dispute resolution, such as arbitration, mediation or adjudication. The Law Firm enjoys professional experience in resolving disputes outside the German Courts.