GERMAN & EUROPEAN CONSTRUCTION LAW
Construction lawyers for the decisions that shape your project — from contracts and planning permission to defects, payment and dispute resolution.
horak. Attorneys at Law advises on German public and private construction law, with English-language support for businesses, developers and international project participants.
Public & private lawContracts, planning and enforcement in one project context.
German & European perspectiveLocal requirements and cross-border interfaces.
Practical next stepsEvidence, deadlines and commercially useful options.
FIND THE RIGHT STARTING POINT
Building projects bring together owners, contractors, architects, engineers, authorities and neighbours. A problem in one relationship can quickly affect the rest: a permit condition changes the design; a late instruction affects completion; a defect delays payment. Our advice connects the legal question with its effect on delivery, cost and risk.
Choose one of the 16 routes below. Each explains the relevant legal framework, the steps to consider and four practical scenarios. For a broader view, explore our private construction law and public construction law guides.
Test the assumptions that determine price and delivery: permitted use, scope, design responsibilities, interfaces and the ability to enforce payment or performance.
Identify the immediate deadline, preserve the evidence and assess the available response. A prompt, documented decision can protect both the claim and the remaining work.
Illustrative scenarios: the appropriate steps depend on the contract, evidence and applicable law. These are not reports of client matters.
A commercial scheme faces a restrictive planning condition. Review the approval route and its consequences for the building contract before the design is fixed.
Separate earned payments, disputed variations and the available security. The response should account for both legal entitlement and the project’s cash flow.
Document the condition, identify potential causes and preserve the opportunity to pursue the correct remedy before repairs change the evidence.
Coordinate governing law, German site requirements, notices and dispute procedures before different contract layers pull the project in different directions.
PEOPLE & TECHNICAL UNDERSTANDING
Construction disputes often turn on technical facts as much as contractual wording. Our work connects the legal analysis with the project documents and, where needed, the findings of independent technical advisers.
Please include the location, the parties involved, a short description of the issue and any approaching deadline. We will clarify the proposed scope of work and fee arrangements before an engagement is agreed.
NEWS & DEVELOPMENTS
What changes for planning, procurement and project delivery? Our updates explain the legal framework, the practical consequences and the checks needed before a project decision. Each article includes examples and links to its sources.
The German Building Type E reform concerns how simpler construction standards may be agreed. Project teams must distinguish the reform process from the law already governing their contracts.
Read articleThe revised Energy Performance of Buildings Directive reached its general national transposition deadline on 29 May 2026. Individual projects still need a careful check of the national rules applicable to them.
Read articleThe revised Construction Products Regulation is a major change to the EU framework. Its application must be assessed product by product, including the transitional provisions.
Read articleThe EU public works threshold under Directive 2014/24/EU is EUR 5,404,000 excluding VAT for 2026–2027. Project teams should update valuation and procurement planning accordingly.
Read articleDECISIONS & PRACTICAL CONSEQUENCES
A judgment becomes useful when its facts, limits and consequences are clear. These selected decisions from our archive are shown with their actual decision dates. Follow the links for context and four practical examples; they are not presented as new judgments from 2026.
4 July 2019
CJEU C-377/17
The Court found that Germany had breached the Services Directive by maintaining mandatory minimum and maximum fees for the planning services concerned. The practical question is which fee framework applies to the particular appointment. An older decision must not be treated as a complete answer for a new contract.
Read the case analysis20 September 2018
CJEU C-343/17, Fremoluc
The preliminary reference arose from a Belgian land pre-emption dispute and was held inadmissible in an entirely domestic situation. For a project dispute, the connection to EU law must be explained concretely. Invoking a fundamental freedom does not by itself establish that the Court can answer the question.
Read the case analysis12 April 2022
Trier Administrative Court, 7 K 292/22.TR
The court rejected a proposed bunker-like weekend building that did not fit its planning surroundings. The decision illustrates why the objective design and its effects matter more than the project label. A preliminary application should identify the actual building and the precise planning question.
Read the case analysis2026 · A YEAR OF PROJECT DECISIONS
From contract review in January to an orderly site transition in October: ten practical topics arranged through the project year. These dossiers were published on 13 November 2026; the month identifies the thematic place in the annual overview.
January 2026
A project can have a signed contract for every trade and still leave an essential task unallocated. The January dossier examines how employers and contractors can identify these gaps before procurement becomes a sequence of disputes.
February 2026
A delay claim needs a traceable explanation of what happened to the planned work. The February dossier focuses on records that connect missing access, late design and disrupted activities with the consequences alleged.
March 2026
Acceptance is a legal project milestone, not merely the day keys are handed over. The March dossier explains how to prepare the inspection, record reservations and avoid confusing technical completion with contractual acceptance.
April 2026
Payment security should be considered before a liquidity dispute threatens the site. The April dossier addresses the relationship between outstanding remuneration, guarantees and the information needed to assess a security request.
May 2026
A building that can physically accommodate a business is not necessarily approved for that use. The May dossier considers the legal checks before signing a lease, fitting out premises or converting an existing building.
June 2026
When a defect threatens use or causes further damage, the project team must decide quickly who should inspect and repair it. The June dossier sets out a practical sequence for preserving evidence and selecting the appropriate remedy.
July 2026
Technical evidence is useful only if it addresses the facts needed for the dispute. The July dossier examines how to prepare an independent evidence procedure and avoid asking an expert to decide the legal case.
August 2026
A revised design can involve new services, repeated work or a correction of an existing obligation. The August dossier shows why the scope of the change should be understood before discussing the fee.
September 2026
A bidder who spots a problematic requirement needs a procedural decision as well as a pricing decision. The September dossier addresses how to organise a tender review without confusing a request for clarification with a legal objection.
October 2026
Ending a construction contract creates a second project: recording what exists and arranging completion. The October dossier focuses on the steps that should accompany a legal review of termination.
YOUR PROJECT. YOUR NEXT STEP.
Use the form to discuss a construction contract, a payment or defect issue, planning permission or a public tender. A short description and any approaching deadline will help us assess your enquiry.
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For urgent matters, please also call us. An enquiry does not itself confirm an engagement or acceptance of a deadline.
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