Your Lawyer for Construction Law
We advise building contractors, craftsmen and clients on the subject of Construction Law and represent your interests in disputed matters. In our law firm you will be advised by specialists in their respective fields, who also think beyond the boundaries of their specialist subject matter.
Frequently asked questions in Construction Law:
Securing and enforcing the claims of construction craftsmen
A tradesman is entitled to require his client to provide security for the unpaid remuneration, including additional orders. The claim can also be asserted after acceptance of the work. The legislator intends to strengthen the rights of the building craftsman against insolvency of the ordering party.
Legally compliant drafting of construction contracts
Construction contract law is characterized by a strong formalism: in case of emergency, the construction craftsman must present and prove in court every agreement and contract with the client.
It is therefore important to place an order in writing, or at least an order confirmation. Additional orders should – if necessary, also via WhatsApp – in any case be communicated to the customer in text form and the customer should be asked to confirm them. When communicating via WhatsApp, clear agreements should be made to avoid future misunderstandings. It should be noted that the construction craftsman must inform the customer he cannot guarantee a perfect performance. If several contractors are involved in a building project and if there are delays in the execution of the building work, the contractor is also obliged to inform the client immediately about the obstacles on the building site and their consequences, so that the client has the opportunity to remedy them if necessary. Painting work is the last service required to complete a building, which is why this work should only be started when the other services on the site have been completed. Otherwise, there is the possibility of soiling and the painters’ obligation to rectify the situation arises. As long as the work is not accepted, the building craftsman bears the risk of delay and impairment.
Construction Law: developer contract and its pitfalls
The purchaser of a condominium from a property developer is obliged to make advance payments on the purchase price claim only in accordance with the German Real Estate Agent and Property Developer Ordinance (MaBV). The respective construction progress is to be monitored by the purchaser. Upon conclusion of the purchase contract, a notice of conveyance is entered in the land register in favour of the purchaser. In the event of insolvency, however, this only secures the transfer of ownership in the condition in which the construction in question is situated at that time. The notice of conveyance does not give rise to a claim to completion of the building.
Your lawyer in matters of Construction Law
Do you have any questions on topics in Construction Law? We would be happy to take on your case and help you to obtain your rights. Please contact us.