News

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…

By horak Attorneys at law, ago

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…

By horak Attorneys at law, ago

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…

By horak Attorneys at law, ago

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…

By horak Attorneys at law, ago

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…

By horak Attorneys at law, ago

Right of pre-emption of a government body on land located in its operating area with a view to developing social housing

JUDGMENT OF THE COURT (Fourth Chamber) 20 September 2018 (*) (Reference for a preliminary ruling — Fundamental freedoms — Articles 21, 45, 49 and 63 TFEU — Directive 2004/38/EC — Articles 22 and 24 — Right of pre-emption of a government body on land located in its operating area with a view to developing social housing — Housing allocated on a priority basis to private individuals who ‘have strong social, economic or socio-cultural ties’ with Read more…

By horak Attorneys at law, ago

Public Procurement Law

Public procurement concerns the granting of rights and the right to award public contracts. The Procurement Law regulates the awarding of public contracts to companies. The aim of the grant is to provide the contracting authority with material and personal resources at the most inexpensive and, at the same time best conditions. It also prevents corruption and nepotism, and ensures competition, equality and transparency on the market. Public contracting authorities are not only public bodies, Read more…

By horak Attorneys at law, ago

German Real Estate Law

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…

By horak Attorneys at law, ago

German Architectural Law

The architectural law determines rights and obligations of the architect to his client and to third parties. Architectural Law is still missing a uniform and integrated Architect´s Act; the individual provisions that regard this area of Law are contained in various laws and legal acts. Furthermore, the majority of details that regards architectural law are shaped by individual cases ‘judgments. The design of an architectural contract is primarily based on the Civil Code (BGB). The Read more…

By horak Attorneys at law, ago

German Construction Labor Law

The contractual relation between the employee and the employer is always a matter of labor law. The Construction Labor Law is characterized by generally binding collective agreements and minimum wages (German BRTv and VTV).  Of particular importance is that the hiring of personnel follows the regulation of the Law on Temporary Works (AÜG), the minimum wage and the contributions is regulated by the Act on the Employment of Workers (AEntG) and corresponding regulations from the Read more…

By horak Attorneys at law, ago