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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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October 2019
CMS European Real Es­tate Deal Point Study 2019
Draw­ing on data from 1,516 real es­tate trans­ac­tions ad­vised on by CMS in 14 European coun­tries from the start of 2010 to the end of 2018, we used a stand­ard eval­u­ation form to cap­ture, cat­egor­ise and sys­tem­at­ic­ally ana­lyse the in­di­vidu­al con­tract clauses.
04 September 2020
Ger­many: Min­istry's draft bill for Pat­ent Law Mod­ern­isa­tion Act in­cludes...
Is this the end of "auto­mat­ic in­junc­tions" for pat­ent in­fringe­ment in Ger­many? On 1 Septem­ber 2020, the Fed­er­al Min­istry of Justice and Con­sumer Pro­tec­tion presen­ted the min­istry's draft bill (Ref­er­enten­ent­wurf)...
7 October 2019
CMS European Real Es­tate Deal Point Study 2019
27 August 2020
Tail­ings Man­age­ment and New Stand­ards of Reg­u­la­tion
Tail­ings dam fail­ures have put the min­ing in­dustry in the head­lines for the wrong reas­ons in re­cent years. Dam fail­ures can have dis­astrous con­sequences in terms of loss of life and en­vir­on­ment­al dam­age...
29/04/2019
CMS ad­vises Lux­cara on ac­quis­i­tion of 750 MW on­shore wind farm pro­ject...
As­set man­ager Lux­cara has ac­quired the Önus­ber­get wind farm pro­ject, which is part of the Markby­g­den 1101 cluster, from the de­veloper Svevind AB...
07 August 2020
Treaty claims for can­celled or mod­i­fied in­fra­struc­ture pro­jects in the...
A re­cent IC­SID tribunal has denied an in­vestor’s claim con­cern­ing the de­vel­op­ment of an air­port pro­ject in Latvia. The in­vestor was un­able to pro­ceed with the con­struc­tion of its pro­ject due to nu­mer­ous...
September 2017
CMS European Real Es­tate Deal Point Study 2017
The European in­vest­ment mar­ket con­tin­ued to per­form well after the pre­vi­ous re­cord-break­ing years. In 2016, total in­vest­ment volume was around EUR 230bn, less than 10% be­low the re­cord amount of the pre­vi­ous year...
05 June 2020
Ad­vance pay­ment bonds: “step­ping down” pro­vi­sions and more guid­ance on...
Last month we re­por­ted on a TCC de­cision which con­sidered the re­quire­ments for mak­ing and re­ject­ing a de­mand un­der an ad­vance pay­ment bond sub­ject to the URDG. Very sim­il­ar is­sues have now been con­sidered...
04/10/2017
CMS European Real Es­tate Deal Point Study 2017
The European prop­erty mar­ket re­mains stable des­pite geo­pol­it­ic­al ten­sions...
07 May 2020
The use of ex­perts in in­ter­na­tion­al con­struc­tion dis­putes: con­flicts of...
A re­cent de­cision of the Tech­no­logy and Con­struc­tion Court ap­pears to be the first re­por­ted Eng­lish de­cision to up­hold a fudi­ciary duty of loy­alty in an ex­pert wit­ness ap­point­ment. The find­ing in this...
12/05/2017
CMS ad­vises EnBW on con­struc­tion of Al­batross off­shore wind farm in North...
The Su­per­vis­ory Board of EnBW En­er­gie Baden-Württem­berg AG has ap­proved the in­vest­ment in and con­struc­tion of EnBW's Al­batross off­shore wind farm. Al­batross will be built in the Ex­clus­ive Eco­nom­ic Zone of the North Sea, cov­er­ing an area of 11 square kilom
07 May 2020
GRESB 2020 – It’s Ques­tion Time!
GRESB has launched its 2020 Real Es­tate As­sess­ment. GRESB is the lead­ing glob­al En­vir­on­ment­al, So­cial and Gov­ernance (ESG) bench­mark for the real es­tate and in­fra­struc­ture in­dus­tries. It is a vol­un­tary...