Whenever you encounter the subject of real estate, you are faced with the question "how do I do it right?". It is particularly important that sound legal advice be obtained from the very beginning of every real estate project. In keeping with the motto that “it is better to be safe than sorry”, our experts are there to assist you in all aspects of real estate law.[HD2] Starting with the acquisition of a plot of land, through the development of the construction project to its completion, we assist you in all matters relating to negotiating, drafting and executing agreements.
Whether you are a general contractor, investor, subcontractor, architect or even a private builder, we are a "one-stop shop" for all aspects of "real estate”: through the cooperation between our team of lawyers specialising in construction and architectural law, banking and capital markets law, tenancy and commonhold law as well as tax law.
We will be happy to assist you in drafting all common forms of agreements in connection with the acquisition of land and construction of a building, such as land purchase, property development, subcontractor, architect, engineer and GMP agreements. Whether general terms and conditions or individual agreements, we advise you and draft your agreement with you, taking all the specifics of your project into account.
But even after your building project is completed or if you are the owner of an existing property, our team of specialist lawyers in tenancy and commonhold law will assist you regarding the further use of your property. Our specialists have many years of experience in drafting and reviewing commercial or residential leases as well as separation deeds and work with you to develop tailored solutions for your individual needs.
For the "all-round carefree package", our specialist lawyers in company and inheritance law are also at your disposal, if required, to take account of every aspect of the real estate and construction sector.
Good advice on issues relating to the financing of construction projects and developers requires extensive knowledge and experience in real estate and construction law.
You benefit from the many years of experience that our specialists in construction financing have not only in banking and capital market law, but also in real estate law and construction law.
For example, we assist you in disputes regarding the proper safeguarding of clients’ funds in accordance with the Ordinance for brokers and property developers (Makler- und Bauträgerverordnung, MaBV), in drawing down guarantees under Section 7 MaBV or calling on warranty guarantees.
Purchase of land
Our specialists have many years of experience in the field of real estate law.
The review and drafting of real estate purchase agreements for properties of all types and sizes is part of our day-to-day business as is the assertion or defence of claims arising from such a purchase agreement. We defend your rights both in and out of court.
Public building law
Planning law and building regulations must be complied with when implementing projects of all kinds.
Areas of conflict may arise here, for example, in connection with the granting or refusal of building permits or with the preparation of building development plans. Sound advice is therefore essential for builders, investors and neighbours in order for them to implement their projects.
We provide comprehensive advice in this regard. Negotiating with public authorities is just as much a matter of course for us as providing advice in planning approval procedures, enforcing your claims with regard to building permits or reviewing development plans in judicial review proceedings.
Property development agreement
Under a property development agreement the purchaser acquires a property that has not yet been finished.
Disputes arising especially during the construction of a property are an everyday occurrence. This makes sound legal advice and support even more important. We assist you in enforcing your rights and in complying with legal requirements. In this respect, the Ordinance for brokers and property developers (MaBV) provides the purchaser with a large number of legal safeguards, particularly in financial terms. In addition, there are special legal provisions concerning this particular type of agreement. Non-compliance with the MaBV and the German Civil Code (Bürgerliches Gesetzbuch, BGB) could quickly lead to the invalidity of agreements, which must be avoided. Our specialist lawyers will assist you in drafting these agreements so that you do not become involved in financial and legal disputes due to invalid provisions.
In this context, we have been advising and representing clients from both sides for many years and have been protecting their interests in a targeted manner both in and out of court.
TIME is a significant dispute and cost factor, particularly when implementing a construction project.
If the construction process is delayed, this quickly results in financial claims in amounts that could threaten a company’s existence and jeopardise the completion of the entire project.
We advise you regarding the claims arising in this connection and assist you in asserting or defending them. You can draw upon our many years of experience in construction and architectural law.
As soon as something changes in the originally agreed goods or services to be provided, conflicts often arise as to whether this entails consequences for the remuneration of the contractor.
In this area as well, our experts have many years of experience in answering the question as to whether prices may be adjusted in the case of global fixed-price, detailed fixed-price or unit pricing agreements.
We will be happy to advise you in connection with the review and management of price adjustments.
Not every property nor new construction always fully meets expectations.
If the property does not meet expectations after the purchase or during its construction, this could constitutes a defect in law. It is precisely in this area that extensive and protracted disputes often arise between the parties involved. In this case, it is crucial that the appropriate measures be taken at the right time to prevent a loss of rights.
Whether advising the contractor on how to avoid reimbursement claims asserted by the purchaser or enforcing claims for defects caused by the builder: our real estate and construction legal team will assist you with its many years of know how in warranty management from the perspective of both contracting parties. The out-of-court and judicial assertion of warranty rights or the defence against unwarranted claims has been one of our core competences from the very beginning.
Public procurement law
The awarding of construction, supply and service contracts by public principals is for the most part subject to the provisions of European and national public procurement law.
This always involves substantial financial interests, both on the part of the principal and the contractor.
We advise both principals and contractors as well as private contracting authorities in all phases of the award process and any review procedures as well as regarding any claims for damages against clients, planners, bidders and private contracting authorities.
This includes all issues relating to the Part A of the Procedures for the Award of Contracts for Construction Services (VOB/A), Procedures for the Award of Contracts for Public Supplies and Services (VOL/A), Contracting Rules for Freelance Services (VOF), Sector Regulations (SektVO), Public Procurement Ordinance (VgV), Act against Restraints of Competition (GWB) and all relevant European directives and regulations.
Architectural and engineering law
The planning aspect also plays a key role in the supervision of construction work.
Our team of specialists can also assist you in drafting contracts with architects and engineers. Particular attention is paid, in your interests, to all aspects of the law governing architect and engineering fees. The defence or assertion of liability claims also falls within our expertise due to our extensive experience.
Mediation and arbitration
We also provide procedural support in all matters concerning real estate law. However, it does not necessarily require a judge to settle the matter.
In some cases, mediation and arbitration provide an option for the parties involved to resolve conflicts much more quickly than through the civil courts. We therefore also advise and represent clients in mediation and arbitration proceedings, both on the principal and contractor side.
If the parties involved do not reach a satisfactory result in these proceedings, we will of course not hesitate in subsequently enforcing your claims in court, based on our many years of experience in litigation.