We act exclusively in the areas of private construction and architecture law, procurement law and real estate law, both nationally and internationally.

Breyer I Rechtsanwälte

Construction law

Breyer | Rechtsanwälte are expert lawyers in the field of Construction Law dealing with:

• Construction Contracts  
• Construction Litigation and Disputes Resolution 
• Construction Risk Management Advice: On-Time | On-Budget    

Construction Contracts

At Breyer | Rechtsanwälte we work nationally and internationally exclusively in the field of Construction law on all types of construction contracts from pumped storage power plants to office towers.

We have a leading team who currently advise some of Germany′s largest construction companies, including well known international investors, domestically and internationally from mainland Europe and Asia. Additionally, we have many small and mediums sized construction companies turning towards us for guidance on construction projects from contract negotiation through to claims management. We don′t only advise construction companies but a full range construction professionals, being medium-sized and large engineering, architects and renowned suppliers of construction materials.

Our expertise covers a full range of construction and major infrastructure projects. Some of these include:
• Wind farms
• Tunnel and road construction
• Railway
• Coal fired power stations
• Waste water treatment plants
• Pumped storage power plants
• International exhibition centres; and
• Office towers

Given our many years of experience, we understand all pitfalls and solutions for all forms of construction procurement routes and know best how to direct clients through this first key step in having the project move seamlessly in the right direction. Some of these procurement routes include:
• Design and build
• Traditional lump sum
• Cost-plus and Provisional costs
• EPC turn-key; and
• BOT and BOOT (including PPP)

Our lawyers specialise in the German standard form of contract VOB/B and other matters related to construction such as General Planner Agreement (i.e., Architect Agreement) based on the HOAI rules for fee calculation. In the course of contract drafting, we identify all the risks and advise our clients how to allocate and manage these risks – this is pertinent to the success of a construction project.

We don′t just advise on construction contracts alone but all agreements in a construction project including:
• Concession Agreements
• Sub-contracts
• Operation and Maintenance Agreements (i.e., Facility Management Agreements)
• Architect, Engineers and other Consultant Appointments
• Supply and Installation Agreements
• Offtake and Supply Agreements
• Bonds and Guarantees; and
• Consortium Agreements and Joint Venture Agreements     ­­­­­­­­­­­­

 

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)
• Adjudication
• Mediation
• Dispute Review Boards; and
• Expert Determination

Claims Management

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.