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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)


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31/08/2021
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...
23/07/2021
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...
14/07/2021
Ger­man Fed­er­al Con­sti­tu­tion­al Court clears the way for the Uni­fied Pat­ent...
The Ger­man Fed­er­al Con­sti­tu­tion­al Court (FCC) dis­missed two mo­tions for in­ter­im meas­ures against the Ger­man act ap­prov­ing the Agree­ment on a Uni­fied Pat­ent Court (UPCA). The way is thus clear for Ger­man...
01/06/2021
Some leaks can­'t be fixed
“Con­fid­en­tial in­form­a­tion is like an ice cube... give it to the party who has no re­fri­ger­at­or or will not agree to keep it in one, and by the time of the tri­al you have just a pool of wa­ter.” This...
09/02/2021
BAT con­clu­sions for large com­bus­tion plants an­nulled – What next?
On 27 Janu­ary 2021 the Gen­er­al Court of the European Uni­on de­clared the so-called BAT con­clu­sions for large com­bus­tion plants an­nulled. It is worth con­sid­er­ing what this rul­ing really means and what it...
14/01/2021
The rise of the glob­al ex­pert ser­vices prac­tice: Court of Ap­peal guid­ance...
A Court of Ap­peal de­cision earli­er this week has up­held an in­junc­tion gran­ted by the TCC pre­vent­ing an in­ter­na­tion­al ex­pert ser­vices firm from act­ing for more than one party to an in­ter­na­tion­al con­struc­tion...
15/12/2020
Five years after Hua­wei ZTE FRAND li­cens­ing ob­lig­a­tions again be­fore the...
On 26 Novem­ber 2020, the Düs­sel­dorf Re­gion­al Court an­nounced that it would sus­pend a pat­ent in­fringe­ment pro­ceed­ing and refer key ques­tions on com­puls­ory li­cens­ing of stand­ard es­sen­tial pat­ents (SEP)...
05/10/2020
CMS ad­vises Co­her­ent on sale-and-lease­back of ROFIN-SIN­AR Laser site in...
Frank­furt am Main – Co­her­ent has sold its Bill­brook­deich site in Ham­burg to BRIGHT In­dus­tri­al In­vest­ment. The site is used by ROFIN-SIN­AR Laser GmbH, a mem­ber of the group of com­pan­ies headed by laser...
21/09/2020
Real Es­tate Re­set
From pan­dem­ic to pur­pose  As we wel­comed in a new year, the de­fin­ing is­sue of the next dec­ade looked set to be sus­tain­ab­il­ity. The rise of ESG – En­vir­on­ment, So­cial, Gov­ernance – was no flash in the pan; it was now a guid­ing prin­ciple for glob­al in­vestors and in­sti­tu­tions. Re­spond­ing to the cli­mate crisis was a pri­or­ity. And then COV­ID-19 changed everything.   Few would have pre­dicted quite how quickly the world would be turned up­side down by a glob­al pan­dem­ic, the like of which has not been seen for a cen­tury or more. The hu­man cost and in­di­vidu­al tra­gedies have been in­des­crib­able. The eco­nom­ic and so­cial im­pact un­pre­ced­en­ted. Cit­ies have be­come ghost towns. Mil­lions are work­ing from home, not of­fices. Re­tail, leis­ure and travel sec­tors have been par­tic­u­larly hard hit. And yet, in some ways, the events of 2020 have ac­cel­er­ated changes that were already gath­er­ing mo­mentum. For the real es­tate sec­tor there is now an op­por­tun­ity to re­set. For the first time, our re­search this year polls not only over 240 lead­ers across the real es­tate sec­tor, but over 1,500 seni­or of­fice oc­cu­pi­ers with de­cision mak­ing re­spons­ib­il­ity for prop­erty is­sues, and over 500 glob­al in­sti­tu­tion­al in­vestors. It takes a de­tailed look at mar­ket re­ac­tion to the pan­dem­ic and the last­ing im­pact it could have on the of­fice as­set class and the way in which we will ad­apt to our new work­ing en­vir­on­ment. We will also ex­plore real es­tate’s jour­ney from pan­dem­ic to pur­pose, as sus­tain­ab­il­ity and so­cial im­pact set the agenda for the sec­tor. This is our eighth an­nu­al re­port where we look to the fu­ture, ad­dress key is­sues fa­cing the real es­tate sec­tor and ex­plore mar­ket trends. We hope you en­joy read­ing it.
04/09/2020
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)...
27/08/2020
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...
07/08/2020
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...