Construction Litigation and Disputes Resolution
Breyer | Rechtsanwälte boasts a leading construction litigation and disputes resolution practice. The primary focus of our lawyers is to resolve disputes before matters are referred to the courts (and even during the court procedure). We take a very strategic approach when dealing with litigation matters and endeavor to deliver the ”best case scenario″ for our clients. Our litigation team is experienced in dealing with matters before all the courts in Germany, i.e., the local courts (”Amtsgerichte″), the regional courts (”Landgerichte″), the higher regional courts (”Oberlandesgerichte″) and the Federal Court of Justice (”Bundesgerichtshof″).
Additionally, we take the time to sit down with our clients and perform time and costs analysis arising out of the construction dispute, for example, calculating the prolongation costs for delays caused during the construction project. We are mindful that litigation can be time consuming and costly therefore we try to avoid this by using alternative dispute resolution methods. We have an excellent track record in achieving successful outcomes in all the forms of dispute resolution procedures. These procedures include the following:
• Arbitration (under DIS)
• Dispute Review Boards; and
• Expert Determination
Given our in-depth legal knowledge, combined with a solid understanding of projects management, our clients constantly call on us to perform an advisory role for claims management during the term of a construction project. You may recall our emphasis on ”prevention is better than cure″, which is why we draw our clients attention particularly to claims management to minimize or avoid costly judicial disputes.
Construction Risk Management Advice: On-Time | On-Budget
Sir Michael Latham stated in his Latham Report: Constructing the Team, ″No construction project is risk free. Risk can be managed, minimized, shared, transferred or accepted, – it cannot be ignored″. Failing to properly identify and manage risk in a construction project from the outset can cause delays, defects, increased costs and endless disputes between parties. In response, we provide On-Time | On-Budget advisory services focused on implementing strategies from procurement through to completion dealing with all possible problems and ensuring your construction project is On-time and On-budget.
Employers, Contractors and Consultant all have the same objective in a construction project, completing On-time and On-budget – the approach should be one of collaboration and working together. This is best achieved when participants determine risks from the outset and how they will be resolved. That is, the focus should be ″solutions″ orientated, rather than problems, so at to ensure unnecessary costs and delays are avoided.
Our On-Time | On-Budget advisory service includes:
1. Procurement path advice – every construction project is different and has its own challenges therefore providing advice on the best procurement method is critical to ensuring the right ″head start″.
2. Construction Management – Providing comprehensive and competent advice for major construction and infrastructure projects requires expertise beyond matters of construction law. We have responded to this need by expanding our knowledge and presence also in the field of construction management and engineering. Good construction management system deliver good results and after many years of experience we know what happen ″on ground″ with projects what systems you need to minimize or avoid differences.
3. Monthly on-site ″jour fix″ – our lawyers like a hands on approach and want to know what happening on site, monthly meetings with construction personnel onsite is an invaluable method of identifying problems at an early stage and working on creating solutions.
4. In-house training – we focus on providing necessary training to staff and personnel in identifying and dealing with risks.
5. Provision of proforma documents – we are able to develop proforma documents for construction projects your construction project which is critical to ensuring you comply with your legal obligation under the contract.
6. Claims Management – we are specialists in the field of claims management and advise our clients extensively on time and delay analysis from both a legal and commercial perspective – our expertise here is particularly helpful in avoiding often expensive and lengthy outcomes for clients.