Building and refurbishing residential and commercial properties
When it comes to building and refurbishment work on residential and commercial properties, the field of “classical” building law and architects law plays a decisive role. The economically viable realisation of a project within the financial framework that has been planned requires reliable architects’ contracts and building contracts. Disputes over supplementary contracts and defects should be avoided as far as possible or resolved sensibly and efficiently. This means that in each individual case the relevant contractual provisions and the actual facts that are causing the conflict have to be clarified precisely and placed in the context of current case law.
It is often possible to manage further developments in order to strengthen one’s position at the negotiating table or in court. In inner-city locations, anticipatory agreements with neighbours are frequently necessary to enable the building work to proceed uninterrupted and to avoid a work stoppage being imposed by the courts. In the case of interruptions and delays to the progress of building work, it is necessary to compile comprehensive documentation in accordance with the strict requirements of case law in order to be able to enforce any claims associated with such interruptions and delays.
The particularities of asbestos-contaminated buildings and the applicable case law should be taken into consideration when refurbishment work is just at the planning stage. Subsequent attic conversions often lead to disputes with the apartment owners’ association. Ideally, such a conversion should be taken into consideration in the original deed of partition. However, this should happen at the very latest when the construction phase of the project is being planned to ensure that the building work can be concluded as planned.
All of this shows that there are more and more special areas in building law that are related to day-to-day practice. They can only be managed and dealt with efficiently given the corresponding specialist knowledge and the necessary practical experience.