Construction Law and Law for Architects
Ahlers & Vogel’s general and specialist lawyers handle issues of Building and Construction Law and the Law for Architects. They assist Ahlers & Vogel in dealing with Construction and Building Law as well as all related legal questions from A to Z. Our advice is not confined to Bremen, Hamburg and Rostock. Depending on the requirements, we can also oversee building projects throughout the Federal Republic and abroad.
As well as our medium-sized business clients, our client base consists of internationally-operating building groups as well as public bodies and private investors We therefore support a wide range of construction projects, from hotel complexes shopping malls and event centres, to single- and multiple-occupancy houses/buildings and even bridges, flood barriers, docks, power stations, motorways, railway lines and motor sport arenas.
Ahlers & Vogel assists clients across all stages of the proceedings, in particular in the tendering of construction and planning services as well as in other procurement procedures which are subject to national or European rights of procurement law. For example, we can assist you with the preparation of tender documents and support the documentation of the individual stages of proceedings, as well as reviewing the evaluation of the tenders in accordance with the legal regulations and court ruling. Part of our comprehensive activity also involves defense of claims during the review procedure.
We advise contractors at all stages of the procurement procedure. This includes the legal review of tender documents from the tenderer’s point of view; the verification of supplementary offers considering Procurement Law and other tender documents, and the enforcement of procurement reprimands in review proceedings before the procurement chambers and senates. Since only a few days are available to the tenderer in the contract awarding procedure in order to obstruct a right of compensation, they are often dependent on well-considered and timely advice from lawyers. Our attorneys-at-law are responsive and able to provide assistance and in-depth support at all stages. Since the reorganization of the procurement law in 1999, we have been active nationwide before the procurement chambers and senates and the European Court of Justice, and have proven our expertise by appearing in various publications.
Hardly a legal area is as conflictual as the Law for Architects. Although architects account for less than 10% of the overall construction output, almost one in four legal disputes with a building law background applies to this matter. The reasons for this are a mixture of unclear legal grounds and a rapidly changing and not inconsistent contradictory jurisprudence. Some difficulties may arise during the agreement of the remuneration. The private autonomy of the parties is considerably restricted by the provisions of the HOAI. For the acquisition of orders, many architects are ready to provide their services below the rates provided in the HOAI. Such contractual arrangements are often ineffective. An unclear contractual situation is the result. The foundation for future conflicts has been set. Constantly broadening duties of the architect as well as the usually unresolved question of whether the architect is entitled to issue legal statements to the client may lead to inconsistencies in the execution of the contract.
We already assist architects and contracting authorities in the drafting of contracts in order to create a reliable basis for a constructive implementation of the construction project. Of course, we also help clients as well as architects when it comes to implementing their requirements. In doing so, it’s important for the client to know that the prosecution for his or her warranty claims may be due to existing planning errors or failures during the construction supervision, while the architect often faces difficulties in the implementation making a stand against copyright infringement.
We are here to help from any of our office locations with competent contact persons. In addition to special legal knowledge, you can expect understanding in the complex technical contexts necessary for this matter and the entire construction law.