Planning, Building, Acceptance and Warranties – “Classical” Building Law and Architects Law
Few areas of the law have as much potential for disputes as private building and architects law. The causes of these disputes are often complex. The tasks of the planner, the building supervisor, the building contractors and the sub-contractors overlap and cut across each other. High technical standards have to be met. The responsibilities of the parties involved are intertwined because of a wide range of obligations to draw attention to things and provide warnings. Given the pressure of time on the building project, any disruptions to the building schedule, or failures to meet deadlines, or defects are neither clarified in good time not adequately documented. These problems soon acquire considerable economic dimensions. The parties involved try to blame each other for what has happened. In the background, the insurance companies that are affected block any compromise settlements. Under these circumstances, long, drawn-out disputes are inevitable.
Zudem wird durch eine stetige Flut von baurechtlichen Gerichtsentscheidungen die Materie immer weiter ausdifferenziert. Selbst für erfahrene Praktiker ist dies kaum noch zu überblicken. Schon die Anwendung der gesetzlichen Grundlagen nach dem BGB, der HOAI und der Regelungen der VOB ist im Einzelfall schwierig.
Furthermore, a constant flow of court decisions on building law ensures that the entire field becomes ever more complex. Even for experienced practitioners it is hard to keep an overview. Moreover, the application of just the basic statutory principles according to the German Civil Code [BGB], the Official Fees for Architects and Engineers [HOAI] and the provisions of the Tendering and Contract Procedures for Construction Work [VOB] is difficult in individual cases.
We help our clients to avoid disputes or to settle them out of court. Where this isn’t possible, we support our clients in the task of keeping an overview, of focussing at an early stage on the economic and legal circumstances that are of decisive importance and of keeping a documentary record of these circumstances as far as is necessary. This is the key to having a strong position at the negotiating table and in court.
You can expect from us a realistic assessment of the legal situation and your chances. We will openly address any weak areas in your case. If we do not see any reasonable chances of success, we will tell you so clearly. Hopeless building law disputes that drag on for years are not for us. We want to win any legal dispute. We provide you with sound, practice-oriented contractual documents that are tailor-made for their intended use. This means, clear and straightforward building contracts for simple building measures and much more detailed contracts for complex building measures. We are convinced that it is only committed and experienced specialists who can advise and represent you successfully in matters of building law. All the lawyers in our building law team have years of experience in the building sector. We have our eye on developments in case law. We regularly discuss complex cases as a team. We give lectures in specialist circles. We also provide training for our clients, which enables us to work together more efficiently.