Private building law | architectural law

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The common goal of all parties involved in a construction project must be the goal-oriented, smooth execution and completion of construction projects. Disputes tie up attention, lead to delays and cause avoidable costs. However, conflicts cannot always be avoided. Conditions that were assumed when the contract was concluded often change.

These can be, for example, additional official requirements, changed DIN regulations, new or changed wishes of the client, surprises in the area of the building ground, damaging external events, circumstances that delay or hinder construction, defects that occur or differences of opinion about the service owed.

Care must be taken when drafting the contract to ensure that the seeds for future problems are not sown. The areas of responsibility must be delineated, the performance owed must be clearly defined, the remuneration modalities must be clarified and the necessary security mechanisms, e.g. in the event of insolvency of a construction participant, must be agreed.

During project implementation, any differences of opinion that arise must be resolved in such a way that avoidable negative effects on the success of the project are avoided.

To this end, all available legal and contractual options must be explored and utilized, and pragmatic and safe solutions must be found.

Finally, any remaining conflicts after the construction project, particularly in the areas of remuneration and defects, must be resolved out of court as far as possible, otherwise with judicial assistance or by means of alternative procedures (e.g. preservation of evidence and arbitration reports). Even in court disputes, the focus is on pragmatic, cost-saving conflict resolution.

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