Health sector

The health sector is a high tech sector and thus plays an important role in technical advancement. Other than data processing and the electronics industry, no other branch of science invests as much worldwide in research and development as the health sector.

The unique characteristics of this sector may already be observed in the planning and construction of healthcare facilities. Highly-equipped technical buildings present stringent requirements for those involved in their planning and construction – from the needs-assessment stage through to commissioning. They must anticipate future developments such as, for example, operation as a “Smart Hospital“ and sustainability issues. With funded projects – as it is often the case here – close coordination with the funding body is required and procurement law provisions must be closely observed.

Private and public principals, construction companies, architecture and engineering firms therefore rely on our expertise in complex construction projects and procurement procedures. We also represent them before courts and public procurement tribunals. We advise operators of health care facilities on issues of State aid law. We regularly provide support in takeovers and mergers in the health sector. The services we provide in this sector are rounded off by healthcare-specific compliance advice and criminal defence.

EXPERIENCE INCLUDES

• Charité – Universitätsmedizin Berlin: Advice on public procurement and contract law in relation to the construction of the new Charité German Heart Centre (DHZC) in Berlin, covering all planning and construction contracts, including claims management (construction value > €500 million net; gross floor area 75,800 m²), and representation before the relevant review body
• Ludwig Maximilian University of Munich Hospital (KUM), new building on the Großhadern campus, Phase 1 including access roads: advising the client on procurement and contract law in relation to the contractual arrangements with the lead designer, individual specialist designers and the project management team.
• University Hospital: Procurement law support for the tendering process for a new hospital information system (HIS) to replace ish.med, including review proceedings across two instances; contract value in the hundreds of millions
• Oldenburg Hospital AöR/ Oldenburg University Medical Centre: Advice on public procurement and contract law regarding master planning and the award of individual trade contracts as part of the GEKO 2030 master plan / overall development plan (construction volume approx. €216 million net; gross floor area 51,426 m²)
• Klinikum Darmstadt GmbH: Advice on public procurement and contract law regarding the new central building, design and construction contracts (individual trades) (construction volume approx. €164 million net)
• Städtisches Klinikum Braunschweig gGmbH: Advice on public procurement and contract law regarding the new central hospital building, construction project management and the lead designer; legal advice on the impact of the project revision on works contracts (construction volume: at least €252 million net)
• Städtisches Klinikum Solingen gGmbH: Advice on public procurement and contract law relating to the new ward block, construction/architectural and public procurement law, contract law, claims management and public law (construction volume: over €100 million net); Support under public procurement law for various tendering procedures, including participation in a joint procurement group, the procurement of large-scale medical equipment and pathology services, and the award of a concession for the operation of a café
• Main-Spessart Hospital, Lohr am Main: Advice on public procurement and contract law regarding the construction of the new central hospital; Construction/architectural law, contract law, claims management; advisory mandate since December 2024, ongoing (construction volume approx. €197 million net)
• St. Elisabeth Hospital, Ravensburg: Advising the client on all construction and public procurement law issues in the context of the restructuring (construction volume > €200 million)
• Klinikum Osnabrück GmbH: Ongoing advice on public procurement law regarding various medical technology procurement projects and the drafting of EU tenders; legal support for the operation and procurement of the hospital pharmacy, in particular with regard to obligations under the Pharmacy Act
• Zentralklinikum Ostfriesische Meere: New construction of a municipal tertiary care hospital with > 800 beds and a project volume of > EUR 600 million / Merger of three sites / Ongoing legal advice on the overall project / including, amongst other things, public procurement advice for all aspects, including medical technology and medical IT / and, to a limited extent, procurement management
• Westallgäu Hospital, Wangen im Allgäu: Advising the client on all matters relating to public procurement law and architectural law in the context of the restructuring (construction volume > €200 million)
• Church-run hospital group: Ongoing advice on a large number of new-build and refurbishment projects in the healthcare sector with a total value of approximately EUR 500 million / Advice on procurement strategy and grant law / Advice on the procurement of medical devices
• Health insurance fund: Ongoing representation in a series of procurement procedures
• International pharmaceutical companies (several): Ongoing advice on competition law