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Real Estate & Public - Construction

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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)


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%.
Amended IC­SID Rules to enter in­to force on 1 Ju­ly 2022
On 21 March 2022, the Mem­ber States of the In­ter­na­tion­al Centre for Set­tle­ment of In­vest­ment Dis­putes (IC­SID) ad­op­ted a com­pre­hens­ive set of amend­ments to IC­SID ar­bit­ra­tion and con­cili­ation rules (“IC­SID...
The Pro­posed Dir­ect­ive on Cor­por­ate Sus­tain­ab­il­ity Due Di­li­gence – a step...
The Pro­posed Dir­ect­ive on Cor­por­ate Sus­tain­ab­il­ity Due Di­li­gence (the “CSDD Pro­pos­al”), pub­lished on 23 Feb­ru­ary 2022, aims to im­pose ob­lig­a­tions on com­pan­ies, their sub­si­di­ar­ies and their value chains...
Post-Brexit: UK plaintiffs must provide cost se­cur­ity for pro­ceed­ings in...
Last year, long lorry jams made it clear to every­one what con­sequences Brexit will have for cross­ing the bor­der to main­land Europe. Far less known is the hurdle which UK com­pan­ies must over­come when they...
New FID­IC Green Book Re­leased: a rival to the First Edi­tion Red and Yel­low...
FID­IC has re­cently pub­lished the second edi­tion of its Short Form of Con­tract, the “Green Book”, as an up­date to the 1999 edi­tion. This re­lease is im­port­ant not only in terms of the re­vised or new...
Uni­fied Pat­ent Court starts fi­nal pre­par­a­tions
The Uni­fied European Pat­ent Court (UPC) has entered the fi­nal pre­par­at­ory phase. Aus­tria de­pos­ited its rat­i­fic­a­tion of the Pro­tocol on Pro­vi­sion­al Ap­plic­a­tion of the Agree­ment on a Uni­fied Pat­ent Court...
2021 traffic-light co­ali­tion – Im­pact of the co­ali­tion agree­ment
The “traffic-light” co­ali­tion com­pris­ing the SPD, the Greens and the FDP has now presen­ted its co­ali­tion agree­ment for the peri­od 2021 to 2025 in Ber­lin. The tri­part­ite al­li­ance is aim­ing to trans­form the so­cial mar­ket eco­nomy in­to a so­cial-eco­lo­gic­al mar­ket eco­nomy by fo­cus­ing on cli­mate and di­git­al­isa­tion is­sues. At the press con­fer­ence, the in­com­ing gov­ern­ment de­scribed it as the most ex­tens­ive mod­ern­isa­tion of the eco­nomy for more than a hun­dred years. We set out be­low how this is to be achieved, the op­por­tun­it­ies arising for your com­pany and the top­ics you need to be par­tic­u­larly aware of.
Co­ali­tion agree­ment: Green light for the real es­tate in­dustry?
Ger­many’s new traffic-light co­ali­tion is tak­ing shape. How will it af­fect the real es­tate in­dustry?
EU Ac­tion Plan IP: Trans­par­ency to fa­cil­it­ate ac­cess to SEPs
In Novem­ber 2020, the European Com­mis­sion is­sued the Ac­tion Plan IP to out­line its strategy for the pro­tec­tion of in­tel­lec­tu­al prop­erty in the EU and to fa­cil­it­ate ac­cess to know­ledge, data and tech­no­logy...
Re­ima­gin­ing Trans­port: Hy­dro­gen Trains
In the first in our Re­ima­gin­ing Trans­port series, we look at the po­ten­tial for hy­dro­gen powered trains to be­come a part of the rail net­work’s move to net-zero. Already in op­er­a­tion in se­lect rail lines...
Fit for 55: A new cli­mate pack­age
On 14 Ju­ly 2021, the European Com­mis­sion pub­lished the largest le­gis­lat­ive pack­age re­lated to the cli­mate and en­ergy: “Fit for 55”. The main as­sump­tion of the new pack­age is a re­duc­tion of 55% in...