Construction law

Building construction and civil engineering projects play a central role in the advisory service of Kapellmann und Partner.  The figures and values of the projects we have supervised speak for themselves.  We advise both the principal and the contractor on its development, planning, construction and financing. 

Our practice group for construction law, which is often described as a market leader, currently consists of over 70 lawyers, the majority of which are specialist lawyers for construction law and architects’ law. Our lawyers supplement their practice-based advice through academic commitments, as authors of various standard works on construction law as well as through their activities as lecturers.

 

"This has been a leading firm at the top of the construction market for years. Competitors speak of Kapellmann as 'a construction-law institution'."– JUVE German Commercial Law Firms 2017

 

"Kapellmann has great experience in projects in Germany, which gives it a very wide knowledge base. The team knows about building plans and maintenance parts, even about IT and other areas, so the firm is perfect for our needs. There are many problems to solve and it can help us in every case." – client cited in Chambers Europe 2016

 

"Kapellmann impresses with ‘high reliability, strong negotiation skills, fast turnaround times, and high levels of technical knowledge’ and ‘is seen as the first choice for construction and public procurement law’." – Legal 500 Germany 2016

 

Most frequently recommended by inhouse lawyers for real estate and construction law; "Like last year Kapellmann is in a class of its own." – kanzleimonitor.de 2016/2017

Construction contracts

We have outstanding practical experience in all areas of private construction law. We offer clients individual and practice-oriented advice on the structuring and execution of complex construction projects. We support them in the drafting of contracts and, if necessary, in legal disputes.

The spectrum of advice we offer to the principal as well as to the contractor ranges from main contractor agreements, total contractor agreements and GMP models, through questions on service, remuneration and liability, as well as the assessment and handling of supplements (claim management) to questions of tax law and insurance law. Furthermore, we have experience in complex project organisation and in complex claims settlement.

Selected references:

  • Brandenburg International Airport Berlin: comprehensive supervision of construction and public procurement law aspects of new build of airport
  • City of Cologne: Advice to and representation of the city in connection with the collapse of the Historical Archives building, inter alia including the preservation and implementation of claims for damages
  • ATCOST21 consortium: project-accompanying advice in connection with the commissioning through Deutsche Bahn of lots 1A (Filder tunnel) and 1B (Tunnels Ober- and Untertürkheim) within the framework of Stuttgart 21
  • Elbphilharmonie: Advice and legal representation of the general contractor
  • FRANKONIA Eurobau AG: Advice on the projects Lenbach Gärten Munich and Heinrich Heine Gärten Düsseldorf
  • Immofinanz AG: Advice on the Gerling Quartier Cologne project
  • Munich airport: construction and public procurement law support in the new terminal project
  • ThyssenKrupp AG: new build of ThyssenKrupp Quartiers in Essen - first and second phases of construction
  • Rheinmetall Immobilien GmbH/die developer (“the developers”) GmbH: Unternehmerstadt Düsseldorf new build project, with partial projects Lighthouse, DoubleU and casa altra
  • Imtech Deutschland GmbH & Co. KG: advice on numerous projects
  • Klinikum Ansbach: advice on renovation and new build projects as well as on privately financed infrastructure
Legal management for large-scale projects JurProM®

Legal project management encompasses the totality of the legal advisory and organisational work involved in the development and realisation of large (construction) projects. We have attended numerous projects in the past and developed legal project management to our own brand with standardised decision-making processes. Using this, we have to date attended about 80 projects with a total project sum of over eight billion Euros.

Selected references:

  • European Central Bank, value ca. 500 m. Euro
  • Berlin Brandenburg International Airport, value ca. 1 bn. Euro
  • KoelnMesse Northern Halls, value ca. 300 m. Euro
  • UMTS, value ca. 200 m. Euro
  • Mitteldeutscher Rundfunk, value ca. 550 m. Euro
  • Düsseldorf Airport, value ca. 370 m. Euro
  • Part of Construction of new railroad line for DB AG Cologne-Frankfurt, value ca. 675 m. Euro
  • ARAG Tower Düsseldorf, value ca. 120 m. Euro
  • Redesign of Leipzig main railway station, value ca. 170 m. Euro
  • Part of Upgrading of railroad line for DB AG München-Ingolstadt, value ca. 90 m. Euro
  • Bundesbank in Berlin, value ca. 150 M. Euro
  • Extensive retail project near Cologne, value ca. 50 m. Euro
  • Borussia Stadium project in Mönchengladbach, value ca. 80 m. Euro
  • Multiplex cinema in Berlin, value ca. 25 m. Euro
Project management law, law of architects and engineers

We advise principals as well as planning offices and project managers on all questions of project management law and the law of architects and engineers in real estate and infrastructure project developments. The scope of our advice encompasses all project phases, from contract conception through contract management to execution, as well as the defence against planner supplements including, where necessary, the management of remuneration litigation cases.

We provide comprehensive advice for our clients far beyond classical remuneration law, in particular on questions of liability, copyright and insurance law.

Selected references:

  • European Central Bank Frankfurt new build: representation in architecture copyright dispute with respect to the Großmarkthalle in Frankfurt
  • BBI Berlin Brandenburg International Airport new build: Contract drafting and public procurement support for several partial projects, including actions against the former planning consortium
  • FRANKONIA Eurobau AG: comprehensive contract law, planning and construction-accompanying law advice on several urban district developments e.g. the Sophienterrassen Hamburg
  • Restoration and new build of Klinikum Ansbach: dispute over project management contract
  • Advising object planners of a new build airport (ca. 1 bn Euro)
  • Representation of planning consortium for interior fittings in a remuneration litigation case with a 7* plus hotel
Cooperation with Prof. Schiffers BauConsult

We frequently cooperate with, among others, Prof. Schiffers BauConsult GmbH & Co KG in Köln. This engineering company, which is active throughout Germany as well as internationally, advises on all questions of construction business.

Building Information Modeling (BIM) / Participation in planen-bauen 4.0

Kapellmann has become a shareholder in planen-bauen 4.0 GmbH, which was established in 2015 with the objective of coordinating and supporting the accelerated introduction of Building Information Modeling (BIM) in Germany. The company sees itself as a “national platform company, competence centre and central interlocutor in the area of research, regulation and market implementation of BIM”. As a market leading law firm in construction law, Kapellmann is widely engaged in the area of BIM, for example, by providing academic support to the BIM pilot projects in infrastructure construction lead by the Federal Ministry of Transport and Digital Infrastructure through the Working Community INFRABIM.


Through our advice in public construction and environmental law we lay the foundation for many construction projects.

We are able to draw on particular expertise for advice on plant engineering law.  

Our sector groups offer sector-specific know-how. 


Lawyers 

Publications (in German)