Legal fields

We assist our clients in all legal questions regarding building and real estate projects, in particular in the following legal fields:

Private building law | References

A lot of building projects are extremely complex and place high demands on all involved, also in terms of legal issues. Many different conflicts can arise while executing a building contract pursuant to German Construction Contract Procedures (VOB/B) and the German Civil Code (BGB). Examples of situations which may trigger a conflict are the definition of services provided under contract, changing orders for services or ordering additional services, faults on the construction site, early termination of contract or the filing of complaints. In many cases these conflicts can be avoided by proactive and professional drafting of contracts and continuous accompanying legal advice throughout the building project. If a conflict nevertheless occurs, only specialist building lawyers with long years of experience will achieve the best possible results for you. All members of our team are competent to answer any questions and problems related to private building law.

Law of real estate development | References

For this complex and therefore potentially conflict-laden type of contract, which not only demands  adherence to the German Estate Agent and Builders' Act (Makler- and Bauträgerverordnung (MaBV)) - a special regulation in this field - but also requires the parties to pay attention to constantly changing jurisdiction, we offer our services to builders and buyers and provide counselling throughout the entire project, i.e. from development, sale and construction of the building right up to final inspection and transfer of ownership. Your person of contact for this field is Ralf Heuer. He has been publishing annual reports on jurisdiction concerning law of real estate development in the leading German magazine on law issues, NJW, since 2013. You can also contact Dr. Michael Börgers, Dr. Ulrich Böttger, Gina Kühne and Petra Symosek in questions related to law of real estate development.

Plant engineering | References

Large-scale projects often involve companies from abroad. This requires the contractor to adhere to contract texts in English and to international arbitration agreements (e.g.  FIDIC Books of the VBI, NEC or ENAA).We offer long-time experience in in drafting and negotiating such contracts. Typical legal tasks related to drafting and execution of contracts in the sector of plant engineering and construction are

  • Consultation regarding foreign legal systems and special requirements in the country of destination
  • Interpretation of user requirement specifications, in particular with regard to so-called functional specifications of services and guaranteed features
  • Comprehensive advice concerning the particularities of contract drafting
  • The examination and formulation of notices of defects and claims as a precondition for the billing of additional or amended works. 
  • Acting for clients in mediation, adjudication, arbitration or court proceedings.

When drawing up contracts, we also address issues like insurance and enforcement, the latter for instance in connection with arbitration proceedings.Your persons of contact for national and international plant engineering and construction law are Ralf Heuer, Dr. Jan-Bertram Hillig, Dr. Wolfgang JakobGina Kühne and Kathrin Heerdt who have all supervised complex projects in the field of plant engineering and construction in the last few years.

Architects’ and engineers’ law | References

Our clients include small and large architects’ offices and engineering consultancies as well as clients from the public and private sector. We advise and represent our clients in the drafting of contracts, in extrajudicial and, if necessary, court proceedings (e.g. claims for fees, damages related to the violation or to deficiencies), as well as in defence against such claims. Your persons of contact are: Dr. Michael Börgers, Dr. Ulrich Böttger, Martin Steiner, Ralf Heuer, Dr. Wolfgang Jakob, Martin Jung, Anja Koso, Petra Symosek, Gina Kühne and Kathrin Heerdt.

Project management law | References

We provide advice on drafting project management contracts. We pay special attention to the classification of the contract, i.e. if the contract is a contract of works or services, as well as to transparency of fee agreements. We advise and represent our clients out-of-court and in-court defence concerning the project controller/project manager’s enforcement of claims for remuneration as well as the warranty rights of the building owner. Your persons of contact are Martin Steiner and Petra Symosek.

Procurement law | References

We advise and represent public building owners in the drafting and execution of calls for tenders. We also advise and represent bidders responding to a call for tenders above and below threshold values. Essential issues include choice of the proper contract-awarding procedure, purposeful and legally correct presentation of tender documents, the assessment of bids as well as the question of whether a bid has to be excluded from the assessment. Apart from assisting in the awarding of contracts for construction services (VOB/A), planning services and other services (VOL/A), we also supervise tendering procedures for public-private partnerships (PPP). We represent you before all awarding chambers and awarding senates and before all the Higher Regional Courts in Germany; in cases of de minimis contracts we represents you before the Regional Courts in injunction and recovery proceedings. Persons of contact: Martin Steiner, Dr. Wolfgang JakobGina Kühne and Petra Symosek.

Commercial tenancy law | References

We advise both landlords and tenants on the drafting and concluding of tenancy agreements and any amendments. In ongoing tenancies we advise and represent landlords and tenants in all questions related to the enforcement of and defence against claims (e.g. reduction of rent, ancillary rental costs, increase of rent, aesthetic repairs). We pay special attention to checking the effectiveness of time limits (written form) in rental agreements for non-residential premises. We also assist in the termination and handling of rental agreements/tenancies. One of our special fields is the complete and efficient supervision of real estate portfolios for landlords, including insolvency of rent payers. Last but not least, we have extensive expertise in conducting rent-related court cases. Your persons of contact are Christoph Stroyer, Dr. Tobias Mahlstedt, Dr. Ulrich Böttger and Martin Jung.

Residential tenancy law | References

In the field of residential tenancy law we offer ongoing advice and representation of large and medium-sized housing enterprises and rental managements. Our range of services includes in particular:

  • Rental agreements: drafting of new contracts |consultation and examination of existing contracts | legal advice for desired contract amendments
  • Rent collection: Claiming of outstanding payments of the tenant | Defence against unjustified rent reductions | Conclusion of instalment contracts
  • Cosmetic repairs | Compensation: Assertion of compensation at the end of the rental period inter alia due to not or poorly performed cosmetic repairs
  • Termination | End of rental period: Consultation and drafting of termination agreements | Counselling and drafting of proper notices of termination (e.g. because of own needs) and extraordinary notices with a statutory deadline (e.g. after the death of the tenant)
  • Breach of contract: Drafting and enforcement of warnings and terminations in case of a breach of contract by the tenant (e.g illegal subletting, disruptive noise, unpunctual rental payment etc)
  • Modernisation: Comprehensive advice concerning modernisation perspectives | Announcement and implementation of modernisations | Announcement and implementation of rent increases due to modernisations
  • Rent increase: Implementation of rent increases to the customary comparative rent | index-linked rent and graduated rent
  • Utility bill: Consultation and examination | Enforcement of additional payment claims
  • Action for eviction | Foreclosure: Advice and enforcement

Your persons of contact are Dr. Tobias Mahlstedt, Christoph Stroyer and Anja Koso.

Home ownership law | References

Owners and managers of residential property are faced with a number of legal problems that are often accompanied by interpersonal tensions. We advise and represent condominium associations, buyers, owners and managers of residential property both in questions affecting their rights as owners as well as in questions and problems relating to building law. Some of our lawyers are fortunate to have attended additional training courses in the field of mediation and conciliation. This, their professional legal knowledge and their many years of experience in the field make them competent partners for you. Your persons of contact are: Dr. Ulrich Böttger, Dr. Tobias Mahlstedt, Christoph StroyerAnja Koso and Petra Symosek.

Real estate law | References

Professional real estate management is essential for long-term securing and increase of the intrinsic value and profitability of real estate portfolios.
Efficient economic and technical real estate management places high demands on all parties involved, in particular where tenancy law and
transactions law overlap. We support you in all relevant legal questions, in particular in the drafting and reviewing of contracts and
the enforcement of claims resulting from these.

We also advise and support you in the foundation and supervision of
property companies, in the negotiation of property purchase contracts
and building lease contracts as well as in the conclusion of lending and
collateral agreements.
We structure your share and asset deals, carry out due diligence for you and offer you comprehensive contract management.
Your persons of contact are: Christoph Stroyer, Martin JungAnja Koso and Petra Symosek.

Estate agency law | References

Many real estate transactions would not come about without the dedicated work of estate agents. Claims for commissions by estate agents are often settled reluctantly or even not at all. The complicated jurisdiction in each individual case and the few and outdated legal provisions makes it easy for clients of estate agents to refuse payment of commission for a number of reasons. Our work in the field of estate agency law includes in particular 

  • drafting estate agent contracts,
  • drafting estate agent clauses in notary contracts,
  • advice on how to deal with clients,
  • joint estate agent agreements,
  • legal representation in cases related to the payment of commission as well as special training courses on estate agent law, to secure that commissions are paid and to communicate the most recent jurisdiction.

Your persons of contact for all questions and conflicts related to estate agency issues are Dr. Tobias Mahlstedt and Petra Symosek.

Corporate law | References

We advise in the foundation, ongoing management or restructuring of private companies and public limited companies outside the capital market (private partnerships under the German Civil Code (BGB), general partnerships, limited partnerships, (limited partnership with a limited liability company as general partner (GmbH & Co. KG), silent partnerships, registered cooperatives, limited liability companies (GmbH), limited share corporations (AG)). Depending on our clients' needs, we can draft a contract with emphasis on the view of the corporation, individual partners or the management. Regulations on succession are also part of corporate law, as are employment contracts for executives, shareholder loan contracts as well as contracts on profit participation loans or the provision of securities. We draft all these contracts to your individual needs. Your persons of contact are: Ralf Heuer and Christoph Stroyer.

Insolvency law | References

We give consultation to companies threatened by bankruptcy. We provide advice for managers and CEOs with a lot of obligations according to the insolvency law as well as on the possible liability of partners. We support creditors in pursuing claims in insolvency proceedings against their clients or contractors. Your persons of contact are: Christoph Stroyer , Ralf HeuerPetra Symosek and Kathrin Heerdt.

International contract law | References

We offer German clients orientation and support when they engage in international projects abroad and we also assist foreign clients regarding their projects in Germany. Especially we are regularly advising investors, plant manufacturers, architects, engineers and building contractors in all questions relevant for the successful planning and implementation of international projects.

We can look back on extensive experience in many aspects of commercial activities, such as choosing the appropriate company form for our clients, establishing international joint ventures, supporting clients in their successful participation in contract award procedures, drafting contracts and acting as counsel in different modes of conflict resolution.

Depending on the sector either standard-form contracts or bespoke contracts are being used; when dealing with supply contracts the UN Convention on the International Sale of Goods (CISG) as well as the ICC Incoterms might come into play. In this context particular attention should be paid to the interaction between the contract and the applicable law.

We have cooperation partners of many years’ in many countries of the world. When legal questions regarding foreign jurisdictions arise, we can jointly address the relevant issues in an effective and fast manner.

In the event of a claims and other contractual conflicts we support our clients in the negotiations with the counterparty, in court and in arbitration proceedings (e.g. on the basis of the ICC rules). Furthermore, our lawyers also act as mediators, adjudicators and arbitrators on a regular basis. Your persons of contact in the field of international contract law are Dr. Jan-Bertram Hillig, Dr. Ulrich Böttger, Dr. Wolfgang Jakob and Kathrin Heerdt.

Dr. Jan-Bertram Hillig, who is also an English solicitor, is our specialist concerning contract law of common law countries.

Notary’s office

Our notary's office – led by the experienced notary Dr. Michael Börgers – provides the full range of notarial services. For more information on the scope of services please visit the notary's office homepage.