Private Building Law
As far as issues of private building law are concerned we recommend that a lawyer from our office who is a qualified expert for building and architects’ law be contacted not only while a building project is being materialized or finalized, when disputes are already ongoing in a context with the termination of the contract for work and services, acceptance, accounting , delay and contractual penalty, or if or when it becomes necessary to safeguard the principal’s rights in case of defects or deficiencies which become apparent during the warranty period, and when it comes to the removal, remedy or repair of such defects or deficiencies, price reductions, or claims for damages and to the prevention of a situation where such claims become subject to the provisions of the statute of limitations.
In the field of private building law our legal counselling services begin already at the point where contracts are to be drafted. In this context decisions must be taken as to whether the building or construction contract is to be concluded in the form of a contract under the contracting rules for the award of public works contracts, or whether it should only be those provisions of the German Civil Code which are governing contracts for work and services. In addition it is already at this stage that it is mandatory to verify whether any aspects of the regulations which are governing for the award of contracts or of public building law must be taken into account. And finally it is also necessary to establish clear rules and provisions which specify, amongst other things, the time period(s) within which the building work must be finished, the provision of securities for the building (contract performance guarantee, payment guarantee, warranty guarantee) and, if necessary, a contractual penalty.
A contract the wording of which is drafted with the help of a qualified lawyer, which not only specifies the scope of performance which is to be supplied by the contractor as precisely and comprehensively as possible, but which also defines the duties and obligations of the principal in an unmistakable way will, as a rule, considerably reduce the risk of disputes or controversies concerning the building project and will, at the same time, also guarantee that the building work can be speedily continued for instance in the case of a termination of the contract for work and services without prior notice, or of insolvency of the contractor.
In cases where differences of opinion between the contracting parties arise as and while the construction work is in process, especially with respect to addenda, impediments or standstills of the building work, which cannot be resolved by way of conciliation or mediation, we feel that it is one of the foremost objects of our concomitant legal counselling work to support our client’s claims management and to thus prepare and/or avert the enforcement of claims.