A construction dispute should be prepared around the outcome needed: payment, rectification, reliable technical findings or urgent protection. We assess the evidence and procedural options before choosing the next step.
Build the factual and technical case
Create a chronology linking the contract, instructions, notices and disputed work. Identify the parties who may bear responsibility and the evidence each holds. A concise issue list helps the technical expert address the questions that matter legally.
A private expert report can support preparation and negotiation but is not equivalent to a court-appointed expert’s findings. The procedural value of photographs, site records, correspondence and witness evidence should be assessed together.
Preserve evidence before repairs or completion
An independent evidence procedure under section 485 ZPO may establish the condition, cause or cost of addressing a defect before a full merits action. It does not itself generally decide the complete payment or liability dispute. Frame the proposed expert questions carefully.
If demolition, opening-up or emergency works are imminent, speed matters. Interim relief requires its own legal basis and factual showing. A commercial need for a quick answer does not automatically satisfy the court’s requirements.
Assess costs, remedies and enforcement
We compare negotiation, payment proceedings, litigation and settlement, taking account of court fees, expert costs, opponent solvency and enforceability. Limitation must be addressed separately: ordinary correspondence is not a reliable substitute for an effective protective step.
Four practical examples
Illustrative scenarios: the appropriate steps depend on the contract, evidence and applicable law. These are not reports of client matters.
Repairs will destroy the evidence
A leaking basement must be opened up. Consider immediate documentation and an appropriate evidence procedure before the condition disappears.
The final account is unpaid
Separate undisputed work from contested variations and assess a focused payment claim.
Several parties blame each other
The designer, contractor and specialist subcontractor dispute responsibility. Plan the evidence and participation of the relevant parties early.
A settlement is possible
The parties agree on a repair concept but not its consequences. Draft milestones, payment, security and release provisions precisely.
Documents that help us assess your position
The complete contract, a chronology, disputed invoices, notices, expert reports, acceptance documents, potential witnesses and any court papers.
Discuss your project or dispute
Tell us where the project is located, who is involved and whether a deadline is approaching. We can then clarify the scope of the proposed engagement and the next steps.
Related construction law services
Legal framework & further reading
Reviewed: 12 November 2026. Statutory references are to German law unless stated otherwise.