Bedenken können immer an angestellten Bauleiter gerichtet werden! – OLG Köln, Beschluss vom 05.10.2021 - 16 U 55/21 BGB §§ 633, 634 Nr. 2, § 637; VOB/B § 4 Abs. 3, § 13 Abs. 3
Facts of the case:
The property developer had three five-storey houses built, commissioning an architect to plan the stairwells and a contractor to lay the natural stone slabs. The VOB/B was also agreed
New location - exceptional expertise
Breyer Rechtsanwälte strengthens legal team with Prof. von Wietersheim and establishes new office in Berlin
Breyer Rechtsanwälte PartmbB is pleased to welcome new lawyers with exceptional expertise in construction and public procurement law:
Dr Breyer speaker at Congresso Internacional IBDiC 2022
Dr Wolfgang Breyer, eponymous partner of the law firm Breyer Rechtsanwälte, was a speaker at the Instituto Brasileiro de Direito da Construção event in São Paulo. Among other things, he spoke about solutions to the problem of additional costs caused by delays in a construction project.
Breyer Rechtsanwälte at the IPA conference in Berlin
For the 5th time, the IPA Centre, which was co-founded by Breyer Rechtsanwälte PartmbB, hosted a joint exchange on integrated project management in Berlin.
Dr Breyer - Speaker at the 4th IPA Conference 2022
Dr Breyer spoke and discussed at the IPA Conference 2022, which took place on 5 July 2022 in Berlin, together with Prof. Dr Patrick Schwerdtner, Prof. Dr Peter Racky, Andrew Jones, Robert Karnes and Dr Wolfgang Wiesner on the topic ‘Specialist session “Remuneration - The path to jointly confirmed target costs”.
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).