The new HOAI 2021 is coming - and with it some legal changes
On 16 September 2020, the German government adopted an amendment to the Fee Structure for Architects and Engineers (HOAI). In doing so, it is implementing the adaptation of the HOAI to the EU Services Directive made necessary by the ECJ judgement. The Federal Council approved the draft law on 6 November 2020. This means that nothing stands in the way of it coming into force on 1 January 2021.
Basic applicability of the minimum rates of the HOAI between private parties in so-called old cases
The Federal Court of Justice has ruled (BGH, judgement of 2 June 2022 - case no. VII ZR 174/19) that the minimum rates of the HOAI in the version from 2013 continue to apply as binding price law in old cases in ongoing court proceedings between private individuals.
We are looking for a paralegal / legal specialist (m/f/d), Office: Stuttgart, Start: immediately
We are looking for a paralegal / legal specialist (m/f/d) as well as a European assistant or a foreign language assistant (m/f/d) for our office in Stuttgart. Starting date: immediately. Further information for your application can be found on our careers page.
Partnering | Multi-party contracts for complex construction projects
Further information on multi-party contracts / IPD can be found here.
Consistent continuation of ECJ case law on the "minimum amount in the HOAI"
The ECJ Advocate General consistently continues the line of ECJ case law on the minimum fee rates of the HOAI. There is no entitlement to fees in the amount of the minimum rates, not even for claims arising from contracts that arose before 1 January 2021 (Opinion of the Advocate General of 15 July 2021 in the case Thelen Technopark Berlin GmbH ./. MN, Ref. C-261/20).
Recommended reading: ‘International Comparative Legal Guide - Construction & Engineering Law 2021’
Die 8. Auflage des rechtsvergleichenden Fachbuchs „International Comparative Legal Guide – Construction & Engineering Law 2021“ ist jetzt online frei verfügbar. Erneut gilt unser Dank der führenden internationalen Plattform ICLG.com für die weitere Möglichkeit unseren Länderbericht zum Bau- und Architektenrecht dazu beizutragen.
FOCUS-SPEZIAL: Breyer Rechtsanwälte once again ‘Germany's top lawyers’ in construction law
According to the current survey by FOCUS-SPEZIAL "Germany's Top Lawyers" in June 2021, Breyer Rechtsanwälte is once again one of Germany's top commercial law firms in the specialist area of "Construction Law". The law firm is delighted about the further award and would like to thank you for your trust and recommendations.
The Legal 500 Country Comparative Guides – Germany CONSTRUCTION 2021
On our own behalf, we would like to refer you to our publication on construction law in The Legal 500: Construction Country Comparative Guide. Click here to read our chapter free of charge.
Looking for an apprenticeship? Apply here now!
We are offering a training position as a paralegal (m/f/d). Full-time, available from 01.09.2021, directly at Stuttgart Airport.
WirtschaftsWoche award - TOP law firm and TOP lawyer 2021
Breyer Rechtsanwälte was honoured as "TOP Law Firm 2021" in the current WirtschaftsWoche listing in the legal field of "private construction law". Dr Wolfgang Breyer is also recommended as a "TOP Lawyer 2021".