The Case of a Nuclear Safe Building in Germany: Project rejected

It’s been a couple of weeks now, since the war in Ukraine has started and we all can agree, that we at least once feared for the worst. What’s happening? Is this war menacing Europe? Are we in serious danger? How can we help Ukraine? Can we feel safe in Europe? Some of us where thinking about this eventuality many months ago and here it’s a case of a person that already planned to build Read more…

Construction Law Contractual Know-How

Construction Contracts: Things you should know Legally, the construction contract is based on the general rules of the BGB. There is no formal requirement. Oral commissioning (= conclusion of construction contract) is also possible. In an important contract, however, the written form can also be contractually agreed, for example for related supplements, additional orders or contract amendments. Furthermore, the written form is required for: Building contracts with public clients (determined by municipal regulations) and  building contracts in Read more…

Craftsman’s botch-up: how to correctly complain in Germany

Let´s say you need your kitchen sinkt to be repaired, or the toilet, the tiles have broken and you need to replace them… who do you call? Of course, a craftsman. We will all agree on that: this is not an easy job and yes, things can go wrong.  Who is liable if the called person make a mistake trying to repair your kitchen, your toilet or the tiles of your bedroom?  When do I Read more…

Facts: Public and Private Construction Law in Germany

Did you know that there are two type of construction law in Germany? We generally talk about public and private construction law. Public construction law includes all regulations on the permissibility of building structures. The state has effective power of enforcing the regulations, through for instance: orders/permits or official administrative acts. The decision-making authority responsible for this is the respective administrative court. Special legal foundations of public building law are: the Construction Code (BauGB), Land building regulations, Regional Read more…

Verbal indication of concern – is it legally binding?

OLG Brandenburg, judgement of 29.07.2021 – 12 U 230/20 BGB §§ 242, 254; VOB/B § 4 para. 3 According to the BGH (judgement of 10.04.1975 – VII ZR 183/74, NJW 1978, 1217), a verbal “notice of concern” is not suitable to exclude the liability for defects according to § 4 No. 3 VOB/B. The concerns of the contractor shall be communicated in writing so that they thereby receive the necessary importance. If the client ignores Read more…

Compensation for damages and construction law: not an easy one

Compensation for damages and construction law: not an easy one Düsseldorf Higher Regional Court; Order from 17.05.2021 23 U 81/20 In 2006, the plaintiff commissioned the defendant to renovate the roof of a winter garden attached to its house, which had been damaged by a storm. However, it could not have been storm Kyrill because, according to the court’s knowledge, it did not pass over NRW until January 2007. The work was carried out in Read more…

Code of Civil Procedure: an interesting tribunal decision

OLG Celle, order of 09.04.2019 – 14 U 157/18; BGH, order of 11.03.2020 – VII ZR 119/19 (non-admission appeal dismissed) What happens if during the renovation of a building something suddenly goes miserably wrong? Which are the legal precautions you can take? Let’s learn a bit more about the German Code of Civil Procedure An attorney could always help you.  In this case:  The client has decided to get a school building extensively renovated and decides Read more…

Real estate law in Germany

Our attorneys are experts in real estate law. We advise on real estate transactions, in contractual design of purchase / usage / projects agreements, we legally support you in the financing of a transaction, in the project development and in the use of a property (tenancy law / tenancy agreements). In addition to our expertise in real property law, we also provide an outstanding technical insight. Real estate law / land law essentially comprises a Read more…

What comprises neighbour law in Germany?

Neighbour Law regulates all the restriction of neighbouring property in their fundamental right to act at discretion in a private property and in the exclusion of any third party from any effect. This restriction is connected with the bid of reciprocal respect with the regard to adjacent properties. Article 14 of the Basic Law also provides that “the right of property is obligated” and a mediation procedure (in court) is recommended for many cases of Read more…

What is German private construction law?

Private construction law regulates civil law, property and neighbouring rights and works contracts for preparation and execution of a construction project – such as architectural contracts, construction contracts etc.-. Private construction law concerns the legal relations between the non-public authorities involved in the construction. Contracts between customers (builder, general contractor, and plant engineers), the planners and the contractors are considered the main activities in connection with private construction law. The entire construction law has a Read more…