Construction is a driving force behind the German economy. Large-scale projects, innovations, urban expansions or private housing require forward-looking and economical solutions in a highly regulated area. As a result, the German construction industry is constantly at the intersection of law and technology.
MKM + PARTNER represents and advises companies in the construction industry, architects as well as municipalities, investors and banks in the planning and implementation of construction projects. Our focus is in particular on the review, design and negotiation of complex contracts and contractual structures. We also pay particular attention to the interests of the civil engineering industry in the context of municipal tenders and public procurement procedures under Part A of the Construction Contract Procedures (VOB/A). We accompany our clients through all phases of their project, resolve project-related legal problems and handle the resolution of disputes.
Our specialized team of experienced lawyers is also at your disposal in many other areas of law that are relevant for the construction industry: employment contracts and employee deployment abroad, employee data protection as well as the purchase and rental of commercial real estate and land are examples of our comprehensive services.
Our services for the construction industry sector:
Construction law and architectural law:
- Advice and representation in public procurement procedures according to the Construction Contract Procedures Part A (VOB/A), in particular in municipal tenders in the field of civil engineering and trenchless sewer rehabilitation
- Design, examination, commentary and negotiation of architect, construction and property developer contracts
- Out-of-court and judicial representation of construction companies, builders and developers in the event of contractual disputes under the German Civil Code BGB and The Construction Contract Procedures Part B (VOB/B).
- Out-of-court and judicial enforcement or defence of architect’s fees
Procurement law:
- Advice and representation in public procurement procedures in accordance with Construction Contract Procedures Part A (VOB/A)
- Participation in and design of public tenders
Real estate law, commercial tenancy law:
- Purchase and sale of commercial real estate and land
- Design, examination and negotiation of commercial lease and rental contracts
- Out-of-court and judicial representation in the event of a dispute under tenancy law
Rehabilitation, restructuring, insolvency law:
- Preventive, all-round insolvency and restructuring advice in legal and business aspects.
- Advice to companies close to insolvency with the aim of eliminating any insolvency application obligation or, if necessary, accompanying an application for self-administration in connection with insolvency planning proceedings
- Advice to the management, shareholders and other members of a company to avoid personal, civil or criminal liability
- Accompanying companies in the event of the need for insolvency proceedings and during the orderly insolvency procedure
- Answering labour law questions in the event of insolvency of a company, in particular in connection with the application for insolvency payment
Company succession:
- Advice and examination of legal action possibilities in family law, inheritance law, company law and tax law
- Advice on the establishment of a family foundation or a business foundation
- Testamentary inheritance
- Advice on the search and involvement of investors
- Tax optimization in the choice of the legal form of the company
- Drafting and reviewing transfer contracts