Brooks and Partners Law Firm

Construction Lawyers

Let the lawyers at Brooks & Partners accompany you on your construction journey. We will be with you every step of the way; from your initial investment considerations to the economic use of your property and even, if necessary, to its final sale. Many challenges can and do arise in the construction industry due to the volume, as well as the diversity of construction law in the different states of Germany.

At Brooks & Partners, our aim is to provide you with excellent legal services to successfully realize your construction project. Do not hesitate to contact us to provide yourself with comprehensive legal assistance throughout your construction project.

Our Areas of Legal Expertise

Architectural works are listed as “protected works” under § 2 German Copyright Act, and therefore design professionals should consider consulting with lawyers regarding their options with architectural copyright. Copyright infringement can bring long and costly legal battles and should be avoided where possible. However, architects do need to be ready to challenge potential breaches of copyright by competitors should they implement plans without the required permissions. Not protecting your architectural works can leave you open to such situations.

As a multidisciplinary law firm, we offer a full range of intellectual property and copyright services. Our team will assist you with copyrighting your designs, advise you regarding claims for breach of copyright and ensure that you are aware of your copyright legal compliance requirements.

At Schlun & Elseven Rechtsanwälte, our lawyers advise clients regarding their rights and obligations under architectural law in Germany, particularly in matters pertaining to contractual arrangements, liability and fees. Architectural law in Germany consists of individual provisions in different sources of legislation, including in the Bauordnungen or building codes. The design of an architectural contract is primarily based on the outline in the German Civil Code (BGB), while fees are based on the Honorarium Code for architects and engineers (HOAI). Our team consists of experienced professionals who will be there in times of crisis.

Architects and design professionals need to consider working closely with experienced legal professionals. Even the most highly qualified architect can require legal advice, as when issues arise with building design, serious accidents can happen. Those who get injured due to an architectural or design flaw can proceed to claim significant compensation for the incident. Our professionals will act quickly to review the situation and create a plan of action. Our lawyers will guide you through the legal requirements, provide an outline of what you can expect if a dispute arises and will represent you in court proceedings if necessary.

The construction contract is the starting point for building projects, and it is therefore crucial that it is drafted by experts. In Germany, the regulation of the project can be based on the German Civil Code (BGB) or the framework within the German Construction Contract Procedures (Vergabe- und Vertragsordnung für Bauleistungen – VOB). The laws and regulations that apply are based on whether the project is for private clients, such as in building a house, whereby they use the BGB regulations, or whether the project is a larger project that involves public clients, whereby they apply conditions from the VOB.

At Schlun & Elseven Rechtsanwälte, our construction lawyers use their considerable experience to provide comprehensive guidance on all matters relating to construction contracts in Germany. Our lawyers draft, negotiate, review and enforce construction contracts on our clients behest. Construction contracts are complex documents, and signing one without legal advice beforehand can result in higher costs and legal disputes. Our team can be relied upon to provide you with full-service support in all of your construction contract requirements.

During a construction project, construction defects pose a significant risk for building owners. Before engaging in an important project, building owners should consult with experienced construction lawyers to know their legal rights. Such construction projects tend to be once-off undertakings, and therefore the private building owner is likely to be inexperienced in such complex matters. Working with an expert in German construction law means that you will receive insightful advice regarding current laws, regulations and deadlines.

At Schlun & Elseven Rechtsanwälte, our comprehensive construction law service involves assisting clients with drafting the construction contract, advising them regarding how to act should they find construction defects and ensuring that they are aware of the most common forms of construction defects. Our team advises both buyers and builders on matters relating to responding to construction defects, and we focus on delivering suitable solutions.

Often, construction litigation cases are stretched out over a long period, costing clients significant time and resources. Should your construction reach the courtroom, our team of litigation lawyers is ready to apply its considerable expertise in representing you. However, our lawyers also advise on resolving disputes outside of the courtroom, should that option be available.

In litigation matters, preparation is critical to the process. Our experienced team of professionals have advised our construction clients in all matters of construction litigation. They will ensure that you are aware of the entire process, from deadlines that need to be met and sourcing important documents and evidence, to providing an outline of potential strategies and carrying our tailored solutions in court (and outside of it).

To assist our clients with avoiding litigation, our construction law team also advise regarding implementing arbitration clauses in construction contracts, and whether such a move is suited to the current situation. If you require legal assistance with construction litigation matters, please do not hesitate to contact our team directly.

Construction payment disputes can lead to lengthy litigation, and end up being a costly endeavour. However, with proactive legal counsel from experienced German construction lawyers, such litigation can be prevented. If you are leading a building project or are seeking to have a building project completed, it is advisable to start working with an experienced legal professional from the start of the construction and planning process. Our German construction law team can ensure that the project fulfils regulatory requirements. Should disputes or misunderstandings arise, our team will assist our clients with submitting claims, providing contract analysis and assessing whether contract termination is the right step.

At Schlun & Elseven Rechtsanwälte, our construction lawyers assist clients ranging from property owners, developers, general contractors and subcontractors, among others. Our lawyers have a deep knowledge of German construction law and the construction process. Through their diligent assistance, our clients can avoid common pitfalls and mistakes. Such mistakes can be detrimental to the construction project, and can lead to lengthy construction payment disputes and other litigation.