Private construction law governs the relationships between employers, contractors, designers and other project participants. It can also govern a public authority’s construction contract: the identity of the employer does not turn every contractual dispute into public law.
Before work begins
Define scope, design responsibility, price, programme and the process for instructions. The BGB and effectively agreed contract terms form the starting point. Review the complete document set rather than isolated clauses.
During construction
Keep variations, obstructions, payments and cooperation obligations under active review. Project records should show what happened, when, who was informed and which work was affected. Separate commercial negotiations from the steps needed to protect legal rights.
At handover and beyond
Acceptance, the final account, security release and defect liability require coordinated treatment. Termination and insolvency can interrupt that sequence and need their own response. Court proceedings, independent evidence procedures and arbitration are different tools for different problems.
Four practical examples
Illustrative scenarios: the appropriate steps depend on the contract, evidence and applicable law. These are not reports of client matters.
Tender review
A contractor receives onerous standard conditions. Identify the price and liability risks before committing to a bid.
Scope growth
The employer requests extra works without a price agreement. Record the change and assess the applicable remuneration mechanism.
Defects at handover
A building is usable but has unresolved defects. Prepare the acceptance record and reservations rather than leaving the legal position ambiguous.
Unpaid completion work
The contractor has finished but the account is disputed. Separate maturity, valuation and counterclaims to identify a proportionate recovery strategy.
Documents that help us assess your position
The contract and amendments, project chronology, payment records, notices and acceptance documents.
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.