German construction law

Horak Attorneys at Law, advise and represent you as a specialists in the legal field of construction law and architectural law, both in the construction process and in arbitration proceedings.

Construction Law for Building Companies and Tradesmen

As far as concerned the private construction law, we offer the following services for craftsmen, medium-sized construction companies, housebuilding enterprises or property developers:

Construction law during the contract negotiations:

  • Construction contract according to the German Civil Code
  • Construction Tendering and  the Contract Regulations;
  • General transfer contracts;
  • Developer contracts;
  • Sub contracts;
  • ARGE-agreements and BIEGE-contracts (contracts for the establishment of a consortium or a bidding consortium);
  • Contracts of work and deliveries.

Legal Advice:

  • Execution of construction work;
  • Building delays, construction disturbance;
  • Purchase;
  • Transaction of the prematurely completed building.

Supplementary and receivables management:

  • Securing of the work wage entitlement;
  • Supplements and remuneration alterations;
  • Advance payment and final payments.

Construction Law for Building Owners:

For you as building developer, we offer the following services:

  • Design and advising in construction contracts, agreements with construction firms and craftsmen;
  • Legal advice for the purchase of existing buildings;
  • Legal advice for collaterals;
  • Claims’ enforcements on construction defects before and after the purchase (rectification, reduction, withdrawal, indemnity);
  • Defence of unauthorized claims on remuneration.

Construction Law for architects, engineers and planners

We can offer the following services for architects, engineers, specialist planners, general planners, project controllers and project managers:

Contractual law:

Organization and examination of:

  • Architects’ agreements;
  • Engineering and engineering contracts
  • General Plan Contracts
  • Project control contracts
  • Project management contracts.

Compensation Law:

Consulting and representation of:

  • Questions of fees, such as the application of the HOAI;
  • Fee claims, in particular out-of-court and judicial enforcements.

Liability Law and Indemnity Law:

Consultation and representation in:

  • Defence against claims for damages, e.g. in case of planning deficiencies, tendering errors, construction monitoring errors;
  • Representation in perpetuation of evidence-proceedings and legal proceedings;
  • Negotiation with liability insurers.

Services for clients of architects and engineers, project management and general planners

We support and represent clients on architectural and engineering services, project managing services and general planners in:

  • Examination and design of contracts;
  • Assertion of warranty and liability claims;
  • Examination of invoices of transactions;
  • Representation in judicial proceedings, e.g. perpetuation of evidence, claims for the enforcement of claims for damages, defence against professional fees ´suit.