Practice area
Construction & Architectural Law
Legal advice in Trier and the border region
Private Construction Law: Contracts, Defects, Billing
The German Civil Code (BGB) has contained independent regulations for construction contracts (Bauvertrag), consumer construction contracts (Verbraucherbauvertrag), and architect contracts since 2018. In addition, the VOB/B applies if effectively agreed upon. And this is precisely the first point of contention: Was it effectively incorporated at all? Strict requirements apply to consumer contracts, which in practice are frequently not met. We review your contracts before conclusion, not only after damage has occurred.
- —Drafting and review of construction contracts (BGB, VOB/B)
- —Enforcement and defense of warranty claims
- —Contractor fee claims (Werklohnforderungen) and final invoice disputes
- —Securities: guarantees, retentions, construction craftsman security (Bauhandwerkersicherung) pursuant to Section 650f BGB
- —Acceptance (Abnahme) and refusal of acceptance
- —Contractual penalties and damages
Construction Defect Law: What You Are Entitled to After Acceptance
Acceptance (Abnahme) is the legal turning point. Before acceptance, the contractor bears the burden of proof for the absence of defects. Afterward, you bear it. Therefore, it is crucial not to declare acceptance prematurely and to document defects in writing. After acceptance, you are entitled to subsequent performance (Nacherfüllung), self-performance with cost reimbursement, price reduction, or damages. The limitation period (Verjährungsfrist) for structures is five years. Anyone who waits too long loses their claim.
- —Notice of defects (Mängelrüge) and setting a deadline for subsequent performance
- —Self-performance and claim for cost reimbursement
- —Reduction of the contractor fee (Werklohn)
- —Damages in lieu of performance
- —Limitation periods and suspension of limitation (Hemmung der Verjährung)
- —Independent evidentiary proceedings (selbständiges Beweisverfahren) for defect determination
HOAI: Fee Structure for Architects and Engineers
Since the ECJ ruling in 2019 and the HOAI reform in 2021, minimum rates are no longer binding. Fees can be agreed freely. Sounds simple. But it is not, because if an effective agreement is lacking, the HOAI continues to serve as an orientation framework, and courts interpret it differently. We advise architects and engineers on fee structuring and represent them in final invoice disputes, which in practice frequently involve amounts in the six-figure range.
- —Fee agreements and minimum rate issues
- —Service profiles and performance phases (LPH 1–9)
- —Final fee invoices and objections by the client
- —Liability of the architect and engineer
- —Termination of the architect contract and residual fees
Public Construction Law: Permits and Neighbor Law
Building permit procedures in Rhineland-Palatinate take time. Sometimes too long. And sometimes permits are granted that neighbors challenge, or refused even though a claim exists. We handle objection and lawsuit proceedings against official decisions and represent you in neighbor law disputes. In the border region with Luxembourg, questions of cross-border planning law arise, which we handle with our specific expertise.
- —Building permit procedures and objections
- —Development plan (Bebauungsplan) and land-use plan (Flächennutzungsplan)
- —Neighbor law disputes (boundary distances, noise, privacy/views)
- —Monument protection law (Denkmalschutzrecht)
- —Cross-border construction law Germany-Luxembourg
Claim Management and Construction Litigation
Claim management (Nachtragsforderungen) is an everyday occurrence on construction sites. And they are frequently justified. But they must be correctly filed, substantiated, and documented; otherwise, they fail in court due to formal requirements. We support contractors in the preparation and enforcement of claims and clients in reviewing unjustified demands. If out-of-court settlement attempts fail, we represent you before the Regional Courts (Landgerichte) and Higher Regional Courts (Oberlandesgerichte).
- —Review and preparation of claim offers (Nachtragsangebote)
- —Defense against unjustified claim demands
- —Interim relief on the construction site (einstweiliger Rechtsschutz)
- —Lawsuits and defense in court
- —Independent evidentiary proceedings (selbständiges Beweisverfahren)
Frequently asked questions
What to do in case of construction defects after acceptance?
Document defects in writing with photos, date, and specific description. Then set the contractor an appropriate deadline for subsequent performance. How long is appropriate? That depends on the defect. For a leaking roof, two weeks are appropriate; for aesthetic defects, rather four. Do not act prematurely with self-performance (Selbstvornahme), otherwise you lose the claim for cost reimbursement.
Does the VOB/B apply automatically to my construction contract?
No. The VOB/B must be expressly agreed upon. Moreover, strict incorporation requirements apply to consumer contracts, which in practice are frequently not met. Without an effective agreement, the BGB construction contract law applies, which is more favorable to clients in certain respects.
How high is an architect's fee?
Freely negotiable since 2021. If an effective agreement is lacking, the HOAI serves as an orientation framework. We recommend concluding fee agreements in writing and before the commencement of services. Verbal agreements almost always lead to disputes.
When are evidentiary proceedings (Beweissicherungsverfahren) useful?
When defects must be secured before the limitation period expires or when the contractor disputes the defects. A court-appointed expert binds the determination of the defect and its cause. The result can be used in subsequent main proceedings and is often the reason why opponents settle out of court.
Which court has jurisdiction for construction disputes?
From a dispute value of 5,000 euros, the Regional Court (Landgericht). In Rhineland-Palatinate, there are specialized construction chambers (Baukammern). In cross-border matters with a connection to Luxembourg, additional questions of international jurisdiction arise, which we clarify for you.
Initial assessment
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