Home / Europe / Germany / Real Estate & Public / Real Estate & Public - Construction

Real Estate & Public - Construction

Back to Real Estate & Public

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)


Pre-conditions to arbitration and the FIDIC 2nd Edition
Amendments to the FIDIC 2nd Edition contracts published in November 2022 have narrowed the definition of “Dispute” to more closely align it with the pre-conditions to DAAB and arbitration proceedings...
The CBAM – what is it and how will it affect the market?
Regulation (EU) 2023/956 establishing a carbon border adjustment mechanism (CBAM) entered into force on 17 May 2023. The implementation of the CBAM has been divided into a transitional period (from 1...
CBAM: Just over a week to comply
As the deadline for the first Carbon Border Adjustment Mechanism (CBAM) report approaches on January 31st, it is crucial for undertakings engaged in importing relevant goods into the European Union to...
CMS advises Federal State of Hesse on successful award of Frankfurt Justice...
Frankfurt/Main – The Federal State of Hesse has awarded a major contract in the mid-triple-digit millions range involving a public private partnership (PPP), via its state agency for construction and...
Delay claims under the FIDIC form: Obrascon challenged
A recent decision of the Court of Appeal of the Dubai International Financial Centre has adopted a stricter interpretation of the requirements for notifying delay claims under the FIDIC form, disagreeing...
CMS advises Hanseatic Energy Hub on the entry of Enagás as industrial partner...
Hamburg –Hanseatic Energy Hub GmbH (HEH) has chosen the Spanish transmission system operator Enagás as its industrial partner for the operation of the planned terminal for liquefied gases at Stade...
European Parliament and Council ready to start negotiations on EU Data...
In February 2022 the European Commission presented its proposal for the EU Data Act, which – if adopted - will introduce a far-reaching legal regime on access to and use of non-personal data in the...
Getting Brexit Done? The UK Retained EU Law and what it means for UK companies
If the Retained EU Law (Revocation and Reform) Bill is passed in its current form, nearly 50 years of EU-derived rules and regulations that had become part of the fabric of UK law across a wide range...
Sunrise period of the Unified Patent Court to begin 1 March
After the final version of the UPC Rules of Procedure had been adopted and the judges of the UPC had been selected and appointed, the start of the Sunrise Period, originally planned for 1 January 2023...
CMS advises Marguerite Pantheon on the sale of its stake in Butendiek offshore...
Hamburg - Investment company Marguerite Pantheon SCSp has sold its 22.5 percent stake in the German offshore wind farm Butendiek to the Irish investment company Greencoat Renewables PLC. The offshore...
UPC Rules of Procedure go into force with judgments to be made public
The entry into force of the Rules of Procedure is part of the final preparations for the United Patent Court (UPC), which is currently expected to start work in early 2023. After the bodies of the UPC...
CMS European Real Estate Deal Point Study 2022
Real estate investment markets remain stable whilst buyers continue to catch up in contractual risk allocation Logistics assets more popular than everDemand from international investors reaches record high accounting for 55% of deals, with most international investors still being from within EuropeIncreased desire for security on the part of sellers continued to be a feature in 2021: share of transactions in which the buyer's payment obligations are secured reaches another record high­Buy­er-friendly trend in contractual risk allocation continues as seller-friendly provisions on limitation of liability continue to declineThe European real estate investment market appears to have largely recovered from the consequences of the COVID-19 pandemic in 2021. Compared to the pan­dem­ic-stricken previous year, total investment increased by around 15% to approximately EUR 270 billion, marking a return to the pre-crisis level. Logistics assets performed particularly well last year, having become the focus of investors’ attention due to their stable income flows and the ongoing growth of online shopping. Demand from international investors was also up again in 2021, with intra-European transactions being the rule. 2021 also brought a new record high in the number of transactions in which the buyer's payment obligations were secured. With regard to contract design, the buyer-friendly trend continued, as reflected especially by a decrease in de minimis and basket clauses as well as caps. Logistics assets more popular than ever Office properties were a popular asset class in 2021 despite all the uncertainty surrounding the COVID-19 pandemic, although some market share was lost to logistics and residential. The slight downward trend in office transactions handled by CMS seen in previous years nonetheless continued, with their share declining from 30% in 2020 to 19%. The reason for the declining proportion of transactions in the office segment is likely to be two-fold, combining the lack of available core properties and the current uncertainty around the impact of hybrid ways of working on demand for office space. The residential and logistics asset classes on the other hand were especially popular in 2021, each with a market share of 23%, compared to 22% and 19% respectively in 2020. One of the key factors for this trend was the stable income generated by residential and logistics properties, which is particularly attractive to investors. Logistics assets additionally benefited from the ongoing growth of online shopping, which was boosted recently by the COVID-19 pandemic and the related closure of retail shops, leading to an increased need for delivery and distribution centres. High demand from international, mostly intra-European, investors International investors were more active again last year: they accounted for 55% of deals in 2021, compared to 43% in 2020. In 2020, international investors had a difficult time, not least due to the impact of the COVID-19 pandemic. The associated travel restrictions meant that many international investors from other continents were forced to postpone their planned transactions. The property market seems to have recovered from these effects last year, with a new record 55% of transactions involving foreign investors. However, these foreign investors were mostly from within Europe; the number of intercontinental transactions remained below pre-pandemic levels in 2021. Sellers seek security An increased desire for security on the part of sellers continued to be a feature in 2021. The share of transactions in which steps were taken to ensure that the buyer met its financial obligations rose further in 2021. Sellers were granted security in more than two thirds of cases (70%). This trend is consistent with 2020, when an increased desire for security on the part of sellers was already apparent. In contrast, security was agreed in less than 50% of all transactions in the period from 2015 to 2018. The current high level is due in part to an increased desire for security on the part of sellers as a result of the COVID-19 pandemic; they were often uncertain about the buyer’s solvency going forward. Buyers continue to catch up in contractual risk allocation Buyers were able to catch up further in terms of contractual risk allocation. The proportion of transactions with seller-friendly de minimis clauses and basket clauses (i.e. clauses that provide for a threshold or minimum limit for guarantee claims by the buyer) stagnated or declined somewhat compared with the preceding years. In the previous year, after a noticeable decline, agreements aimed at limiting liability were made in 44% (de minimis clauses) and 41% (basket clauses) of cases. The share of deals with a basket clause fell further to 32% in 2021. As in 2020, a de minimis clause was included in 44% of the transactions analysed. A similar trend was seen in con­trac­tu­ally-agreed liability caps. Whilst the proportion of transactions with a cap was well over 60% in some cases in the years up to 2018, the percentage of agreements with a con­trac­tu­ally-agreed maximum liability fell slightly from 56% in 2020 to 50%.