Construction & Real Estate Law

Consulting focus

• Letting and leasing

  We advise our clients on the review, drafting and negotiation of rental and lease agreements through to signing, both for existing buildings and for project developments in all asset classes.

• Asset Management (real estate management)

  As part of ongoing asset management, we review, draft and negotiate addenda to existing rental and lease agreements and work with our clients to draw up model contracts that can be used for new and addendum agreements as part of portfolio management. We draw up detailed legal opinions for you on rental, lease and ancillary cost issues and answer your individual questions.

• ESG and real estate

  Real estate strategies are derived from the central objectives of a company’s sustainability strategy. Increasingly complex regulations, for example on reporting obligations, but also legally unresolved issues can become a challenge. We advise you on all aspects of ESG for your properties, both in the project and in the portfolio, and support you in terms of compliance and in identifying and prioritizing key areas for action. We develop a standardized, preferably digital process that is suitable for you, as well as customized reporting elements along these fields of action.

• Real estate financing

  We specialize in assisting with financing issues related to real estate transactions and project developments. Having assisted numerous institutions, investors and companies with financing transactions, we are familiar with the special challenges of such transactions and take credit support programs into account at an early stage in the financing process. We also negotiate loan agreement documentation for our clients. Another focus of our activities, which is currently gaining in importance, is Green Financing.

• Real estate company law

  We design and arrange your real estate portfolio and its organizational structure as efficiently and tax-neutrally as possible. It is not uncommon for corporate reorganizations to be necessary in preparation for a real estate transaction, which we develop for you at short notice, incorporate into a step plan and implement together with you.

• Real Estate Transactions

  We assist you with legal due diligence in the context of the purchase or sale of a property, draft and negotiate the purchase agreement and prepare the necessary attachments for this purpose. We specialize in share and asset deals, as well as portfolio transactions and transactions in preparation for project developments. We identify the legal risks, secure them in the purchase agreement and naturally also support our clients during the notarization process. We are also available afterwards as your contact partner and are happy to support the integration of real estate into our clients’ management and processes until after the purchase agreement has been executed.

• Infrastructure projects

  The combination of our expertise in real estate law and our experience in public construction and environmental law is an important basis for the successful realization of your infrastructure projects. These include projects in the areas of air, road, rail and waterways, such as the construction and expansion of airports, roads, highways, railroad lines, bridges or port and lock facilities, which often require planning approval. We also advise on energy projects such as power plants, solar and wind parks as well as other complex large-scale projects on all legal issues associated with the realization of such large-scale projects.

• Insolvency-related consulting

  Not all situations in the real estate and construction sector follow traditional patterns. Cases such as company acquisitions in crisis situations or insolvency are particularly challenging. Such scenarios require individual, forward-looking advice and tailor-made solutions. The same applies to landlords whose tenants get into financial difficulties, for example in the event of rent defaults or tenant insolvency. Insolvencies in connection with construction projects also pose particular challenges, for example when it comes to securing claims and the continuation or completion of construction projects.

  With our interdisciplinary knowledge and the expertise of our specialists in insolvency law, we offer you comprehensive insolvency-related advice on all aspects of real estate and construction projects. Our aim is to provide you with legal protection in difficult situations and to create economically viable solutions.

• Project developments

  We support you in the development of construction projects from the initial idea through to completion. Our advice includes the legal examination and drafting of all necessary contracts and permits. If your project still requires the creation of building law, we will also assist you with this and advise you on all issues relating to the preparation and drafting of urban land-use plans.

• Building and architectural law

  We can assist you with all legal issues relating to construction and architectural law – from the planning stage to the successful implementation of your projects. One focus of our advice is on drafting contracts, including:

  • Partnering and IPA contracts (alliance contracts)
  • Purchase contracts with a building obligation and developer contracts
  • GU/GÜ, GMP and PPP models
  • Planning and construction contracts (VOB/B, BGB)

  We offer you legal support throughout the entire construction phase. Our focus in providing legal advice during construction is on avoiding and resolving conflicts, ensuring compliance with all legal requirements and effectively managing complex projects. This includes

  • Support with contract implementation and supplement management
  • Advice on construction process disruptions and their legal assessment
  • Support with acceptance and warranty issues
  • Prevention and settlement of disputes
  • Legally compliant documentation

  With our practical and solution-oriented advice, we ensure that your construction projects run smoothly and with legal certainty.

• Conflict resolution / Litigation

  We provide you with comprehensive support in resolving conflicts in the construction and real estate sector – both out of court and in court. Our aim is to find quick, efficient and economically viable solutions that do not unnecessarily burden your projects.

  Our focus is on identifying disputes at an early stage and resolving them during construction in order to avoid escalation and ensure the success of the project. We rely on strong negotiating skills, mediation and other alternative dispute resolution procedures to represent your interests in the best possible way.

  If a court settlement is unavoidable, we will represent you with vigor and expertise in court or in arbitration proceedings. With our many years of experience and our practical approach, we ensure that your legal and commercial objectives are safeguarded in the best possible way.

• Climate-friendly construction

  We provide comprehensive advice on the legal aspects of climate-friendly construction, in particular with regard to the shadow price for CO₂ emissions. This instrument makes it possible to assess climate impact costs during the procurement process and thus promote environmentally friendly construction methods(KPMG Law Hub).

  Our aim is to make your construction projects sustainable and future-proof by reconciling ecological and economic requirements. We support you in integrating climate protection measures into your construction projects and implementing the corresponding award criteria.

• Public building law

  We provide you with comprehensive advice on all legal issues relating to construction projects with reference to public law. Our range of services includes

  • Advice on public building and planning law as well as environmental law (species protection, soil protection law, water law, recycling management law, immission control law, etc.)
  • Advice on funding law in order to use public funds in a targeted and efficient manner
  • Support in communicating with approval authorities and other stakeholders (e.g. neighbors or environmental associations), especially in complex approval procedures
  • Representation in legal proceedings before the administrative courts, both to enforce our own legal positions and to defend against third-party claims
  • Foresighted and prudent legal support for your project in order to identify environmental and planning law obstacles that could lead to delays in the course of the project at an early stage and to find practical solutions together
  • If required, involvement of external planning and engineering offices, for example for special issues relating to species protection law such as mapping or concepts for species protection during the dismantling of structures
  • Advice on the procurement of compensation areas for interventions in nature such as deforestation
  • Advice on various challenges under circular economy law such as waste prevention measures, classification of waste, use of secondary raw materials and the proper disposal of waste generated by the respective projects, including the mandatory proactive reliability check of commissioned third parties, also involving external planning and engineering offices on topics relating to the sampling of waste, etc. on request.

  Our aim is to implement your construction projects in a legally compliant, efficient and sustainable manner. In doing so, we combine sound legal expertise and many years of experience in communicating with approval authorities with a solution-oriented approach in order to successfully advance your projects.

• Purchasing or awarding construction management contracts

  We support you in the procurement and awarding of services for your construction projects – from project management and planning services through to execution. Our focus is on the development of innovative procurement concepts and a legally compliant procurement design that is tailored specifically to the requirements of your project.

  Our services include:

  • Consulting in public building and planning law as well as environmental law

   

  • Conception and design of award procedures that promote innovation and competition

   

  • Clarification of procurement obligations and advice on funding law

   

  • Advice on the selection of suitable procurement models, e.g. general contractor/GC, partnering or PPP models

   

  • Preparation and review of tender documents including service descriptions and contracts

   

  • Accompanying the award process, including bid evaluation and award of contract

   

  • Assistance in obtaining approvals from licensing and supervisory authorities

  The choice is yours: we can either support you as accompanying legal advisors or take on the entire procurement process as part of our full-service approach. We ensure transparency, efficiency and legal certainty at every stage.

  With our expertise, we ensure that your procurement processes not only comply with legal requirements, but are also strategically aligned with the objectives of your construction project.