The PRIVATE CONSTRUCTION LAW team advises on all matters of private construction and architectural law as well as public procurement law. All of its members have extensive experience in advising on construction law as well as in representing clients in construction litigation. They specialise in developing workable solutions for our clients in all project phases and in developing viable strategies for business success in their construction projects.

Team Private construction law

Thomas Gritschneder, Dorothea Thilo, Dr. Karlgeorg Stork, Dr. Alexander Scholz, Dr. Thiemo Zweigle

Contractor remuneration

Our PRIVATE CONSTRUCTION LAW team provides comprehensive advice on all remuneration issues, and both construction clients as well as contractors seek our advice in these matters. Our range of services includes the assertion and securing of compensation claims in every phase of the construction project. When developing strategies to secure payment, we naturally pay special attention to the specific constellations of your case.

Conversely, we also know from our daily work all the legal issues involved in the defence against unjustified claims and wrongful demands for security. If necessary, we will therefore work with you to develop effective approaches to successfully decline unjustified demands for security.

Fees of architects and engineers

Architectural and engineering fees are in a state of flux: Planners were deprived of the protection of minimum rates regulated under the binding German Fee Scale for Architects and Engineers (HOAI). On the other hand, the current market situation makes it possible to demand fees far above the previous minimum rates.

A forward-looking contract design with clear and comprehensive fee terms is therefore particularly important now in order to avoid later conflicts from the outset. Planners require provisions for the effective enforcement and securing of fee claims, while construction clients need suitable precautions to defend themselves against unjustified fee claims.

In both cases, the focus of our advice is on achieving quick out-of-court solutions. If these cannot be found and litigation becomes unavoidable, you can trust the experienced lawyers of the PRIVATE CONSTRUCTION LAW team that will competently represent you with their decades of experience.

Warranty, defects, liability

Even with good contracts and close technical and legal construction support, there’s always a possibility that work is defective in connection with the construction of a building project. That such defects are dealt with effectively is a condition for the longevity of the building and critical for its value. In this context, realizing collateral may become necessary.

The increasing division of labour among various construction contractors (and dealing with their different insurers) makes the enforcement of claims and the defence against unjustified claims (for defects) one of the core responsibilities of our PRIVATE CONSTRUCTION LAW team.

Award procedures

Glock Liphart Probst advises public clients as well as bidders on public procurement law, in particular on the procurement of construction and planning services.

Public procurement law is a young discipline that is constantly evolving. On the one hand, it seeks to enforce the principle of equal opportunities; on the other hand, it is intended to promote competition in the EU. Glock Liphart Probst & Partner offers solutions tailored to your individual case which, in addition to legal matters, also take your economic interests into account. As a member of the PRIVATE CONSTRUCTION LAW team, our public procurement specialist Thomas Gritschneder combines legal expertise with technical expertise as a civil engineer.

Advice on procurement law in connection with the procurement of inventory and equipment of the State Museum of Egyptian Art

Litigation and enforcement

An essential area of the PRIVATE CONSTRUCTION LAW team’s work is the representation of our clients in complex construction law litigation, evidentiary proceedings and temporary relief proceedings. One focus is on the enforcement or defence of claims for fees, defects and liability, including their logistical preparation.

Construction litigation is often complex – if only because of the number of parties involved in the process – and frequently requires intensive support over many years. The PRIVATE CONSTRUCTION LAW team at Glock Liphart Probst & Partner, with its long tradition in construction (litigation) law, has the experience and expertise required to handle these challenges and is highly regarded by the competent construction law chambers.

Compulsory enforcement to turn judgments obtained “into cash” also requires considerable expertise, especially when debtors seek to evade collection. Here, too, the PRIVATE CONSTRUCTION LAW team will advise and represent you with determination and commitment.

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