Whether ESG investments, the EU's taxonomy regulation or the increased awareness of the environment with the Fridays for Future protests: sustainable construction and operation is the trend. The right contract design is the basis for a successful sustainable construction project. Whether overarching principles such as "cradle-to-cradle", special specifications for the building materials to be used or the achievement of certain sustainability certificates, it all depends on the details of the contractual agreement. Examples of such sustainability certificates are that of the DGNB, LEED or BREEAM.
The drafting of contracts encounters various challenges here: How are the requirements agreed in a way that they are legally secure? Which rights does the building constructor have? How are the interfaces between architects, specialist planners, project controllers, auditors and executors to be regulated? How can compliance with sustainability requirements also be ensured within the company? Based on our extensive experience in large-scale construction projects, which increasingly also have to meet the requirements of sustainability, we have developed an interconnected contract system that forms the basis for sustainable construction.
With our contract modules, the ESG-BVB and service specifications specifically designed for the requirements of sustainable construction, we can cover all contractual relationships in large-scale construction projects.
Through a balanced consideration of all requirements and interests of the parties involved in the contract, the successful completion of the sustainable building project is ensured, for example in terms of certification and sustainable operation. Therefore, the contract modules offer interfaces for further qualitative requirements for planning and execution, such as the BIM-method or Smart Building.
Into the Kapellmann | green contracts we incorporated our entire experience as market leader in construction law advice. Therewith, we make our contribution to successful sustainable construction.
- Provision of contracts that are geared towards sustainability in terms of content and mutually agreed contract templates (contract network)
- Special contract terms (ESG-BVB) as a uniform basis for all contract types
- Sustainability-specific project management and planning contracts with correspondingly extended service specifications based on established HOAI and AHO standards (HOAI – fee structure applicable to architects and engineers acting as public contractors) (AHO – German Fee Structure Commission of Engineers' and Architects' Associations)
- Auditor and consultancy contracts
- Contractual concepts for sustainable project development and transactions
- Sustainable commercial and residential contracts (Green Lease)