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Real Estate & Public - Construction

Germany

Project development and construction projects – in safe hands with us

Our team excels in the development and management of large-scale real estate projects, from planning through implementation and sale to extracting value from the assets. We have many years' experience in dealing with all issues relating to the realisation of property and construction projects, including plant engineering, and with all aspects of project development.

Our client base includes well-known construction companies, major investors and project developers, large planning and engineering consultancies, and the public sector.

Our "Construction" service portfolio

  • Project structure and planning phase
    • Buying land
    • Obtaining development rights and planning permission
    • Advising on the structure of the project and procurement o Stipulating the contractual models (e.g. GMP, general/main contractor, FIDIC)
    • Designing and checking the project and construction contracts
    • Preparing and implementing invitations to tenderProviding support in contract negotiations
    • Off-plan leasing
  • Realisation phase
    • Legal project management and advice during construction
    • Strategic advice on major projects
    • Claim and anticlaim management
    • Checking or justifying modifications
    • Enforcing claims resulting from construction time overrun and defending against them
    • Crisis management
    • Preparation for acceptance procedure and support during this process
    • Checking the final invoice
    • Warranty management
  • Dispute resolution
    • Preventative contract design
    • Strategic advice in the event of dispute
    • Representation before national courts and national and international arbitration tribunals
    • Alternative dispute resolution (e.g. mediation and adjudication)

How our expertise can help you

Advising on major projects is part and parcel of our everyday work. We are able to provide support for complex projects such as hotels, hospitals, power plants, airports, transport routes and sports facilities at the very highest level, at any time.

Our advice covers the whole of project development, from obtaining development rights through project management and construction contracts to operation, leasing and sale. For cross-border projects, we also have expertise in international contract standards (e.g. FIDIC). Where necessary, we call in our international partners in the CMS organisation.

What others say about us

"The firm's capability in renewable energy and power station construction is particularly notable in development projects."
(JUVE, 2011/2012)

"Recommended law firm, one of the few major firms that continues to regard its work in private construction law as a core area and which also handles litigation."
 (JUVE, 2011/2012)

"One of the leading firms in environmental and planning law, which is also a strong player in product and contract-related environmental law."
 (JUVE, 2011/2012)

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7 October 2019
CMS European Real Es­tate Deal Point Study 2019
27 Nov 19
In­vest­ment ar­bit­ra­tion and con­struc­tion con­tracts: jur­is­dic­tion over...
A re­cent IC­SID tribunal has up­held jur­is­dic­tion over a dis­pute con­cern­ing an al­leged set­tle­ment agree­ment arising from con­tract­or claims on a ma­jor in­fra­struc­ture pro­ject in the Re­pub­lic of Mozam­bi­que....
October 2019
CMS European Real Es­tate Deal Point Study 2019
04 Nov 19
In­tro­du­cing the FID­IC Em­er­ald Book
Earli­er this year FID­IC re­leased its new “Em­er­ald Book” – Con­di­tions of Con­tract for Un­der­ground Works. This ad­di­tion to the FID­IC suite seeks to fill a gap amongst stand­ard forms as a spe­cial­ist...
29/04/2019
CMS ad­vises Lux­cara on ac­quis­i­tion of 750 MW on­shore...
17 Oct 19
Delay ana­lys­is un­der the mi­cro­scope: com­mon sense wins out over meth­od­o­logy
A de­cision of an Aus­trali­an court last month has con­sidered the evid­en­tial re­quire­ments for prov­ing delay claims in con­struc­tion dis­putes. The de­cision com­ments on the rel­ev­ance of the 2nd Edi­tion of...
04/10/2017
CMS European Real Es­tate Deal Point Study 2017
Prop­erty mar­ket re­mains stable and seller-friendly
11 Oct 19
Quantum meruit claims after ter­min­a­tion: a chan­ging of the tide?
A de­cision of the Hight Court of Aus­tralia earli­er this week has held that resti­tu­tion­ary claims on a quantum meruit (i.e. reas­on­able price) basis by con­tract­ors after the ter­min­a­tion of a con­struc­tion...
September 2017
CMS European Real Es­tate Deal Point Study 2017
03 Oct 19
In­ter­im meas­ures in Main­land Chinese courts in aid of Hong Kong-seated...
On 1 Oc­to­ber 2019, the Ar­range­ment Con­cern­ing Mu­tu­al As­sist­ance in Court-ordered In­ter­im Meas­ures in Aid of Ar­bit­ral Pro­ceed­ings (the “Ar­range­ment”), con­cluded between China’s Su­preme People’s...
12/05/2017
CMS ad­vises EnBW on con­struc­tion of Al­batross off­shore...
03 Oct 19
Use of Dis­pute Boards: one of FIDIC's five Golden Prin­ciples
FID­IC has re­cently pub­lished de­tailed guid­ance as to the five “Golden Prin­ciples” first in­cluded with the FID­IC 2017 suite of con­tracts. These prin­ciples seek to identi­fy lim­its to the types of amend­ments...