Counsel

Dr. Thomas Markpert

Rechtsanwalt

Languages

German
English

Thomas Markpert specialises in construction law and real estate law including project development. He advises clients on and represents them in all matters of private construction and architects law, real estate law, and commercial lease law as well as public procurement law including the important interfaces with other areas of law, in particular public construction law, regulatory law concerning trade and industry, commercial law, and insolvency law.

The focus of his activities in the above areas is on providing preparatory and construction-related advice on complex construction and infrastructure projects, drafting and negotiating construction contracts as well as lease agreements for commercial real property, enforcing contractual and non-contractual claims in and out of court and providing support in real estate transactions, primarily in construction law and contract law. As regards consultation services relating to real estate, Thomas is also involved in aspects of asset and property management, from the contractual management of properties to extension and conversion measures as well as repair and maintenance.

Thomas has been a lawyer since 2007. He regularly publishes specialist articles and is a co-author of a commentary on public procurement law (Gesamtkommentar zum Recht der öffentlichen Auftragsvergabe, Verlag Kohlhammer), 2nd edition, and of a commentary on standard building contract terms (VERISOnline-Kommentar zur VOB/A, forumvergabe, Bundesanzeiger Verlag). Thomas joined CMS in 2013, since 2020 he is counsel.

Relevant experience

Project developer | Advice on the development and sale of two hotels and a multi-storey car park
ARGE Stahlbau | Ongoing advice to the contractor during the construction phase on the implementation of a large European hydraulic steelwork project
Project investor | Ongoing advice on the construction of a hotel complex from contract drafting to acceptance
Real estate investor and project developer | Advice including drafting, negotiating and implementing lease contracts for a major commercial lease object in Munich
Municipal housing company | Ongoing advice over years on all issues relating to construction law or public procurement law
Medium-sized steel construction group | Advice on aspects of public procurement law in the context of various infrastructure projects
Non-profit state-owned company | Comprehensive ongoing advice to a company in the public health and social sector including several clinics on issues of planning law, public procurement law and construction contract law
Real estate developer | Advice on and assistance in the development of an urban quarter on development issues and urban planning issues
Representing the owner and principal of a race track in the defence against claims for supplementary work (particularly claims based on additional time required for completion and claims for damages)
Providing procurement law advice to a company owned by the city in the context of the planning and implementation of a major construction project
Advising public sector authorities on the award of planning and construction work
Advising the operator of a factory for production of cements and clinker brick (plant engineering and construction)
Providing ongoing advice on construction and real estate law to an insurance company

Publications

Significance of ancillary facilities used by tenants in delineating the interior and the exterior area, comment on the decision by Hannover Administrative Court of 3 August 2022, 4 A 5979/20, published in juris Praxisreport Öffentliches Baurecht, November 2022 issue
Prohibition of contradictory conduct when invoking the invalidity of a conflicting development plan, comment on the decision by Lüneburg Higher Administrative Court of 2 June 2022, 1 LB 109/20, published in juris Praxisreport Öffentliches Baurecht, July 2022 issue
Investigation obligations of the local authority in the context of urban land-use planning in the case of approved use that has not been exercised for years, comment on the decision by Munich Higher Administrative Court of 13 December 2021, 15 N 20.1649, published in juris Praxisreport Öffentliches Baurecht, March 2022 issue
Definiteness of the determination of an area for community needs and social purposes by means of a notation symbol, comment on the decision by Munich Administrative Court of 30 June 2021, M 9 K 20.1947, published in juris Praxisreport Öffentliches Baurecht, December 2021 edition
Binding effect of a preliminary determination of compliance with building law vis-à-vis the local authority, comment on the decision by Ansbach Administrative Court of 18 June 2021, AN 17 S 21.00427, published in juris Praxisreport Öffentliches Baurecht, September 2021 issue
Protection of the neighbourhood against a residential property for multiple occupation in the unzoned interior of a community, comment on the decision by Aachen Administrative Court of 18 March 2021 - 3 K 2806/18, published in juris Praxisreport Öffentliches Baurecht, June 2021 issue
Intervention of the authority in case of initial suspicion of formal illegality, comment on the decision by Ansbach Administrative Court of 28 January 2021 - AN 3 K 20.01592, published in juris Praxisreport Öffentliches Baurecht, March 2021 issue
Kommentierung (Commentary on:) §§ 180, 181 GWB (German Act against Restraints of Competition), §§ 4, 12, 12a VOB/A (German Regulation on the Award of Public Construction Work Contracts), §§ 4, 12, 12a VOB/A-EU, §§ 14, 37, 38, 39, 40 VgV (German Public Procurement Regulation), §§ 8, 27, 28, 29, 30, 53 UVgO (German Regulation on the Award of Public Sub-Threshold Service Contracts), § 3 VOL/A (German Regulation on the Award of Contracts for Services), Vergaberecht (Procurement Law), overall commentary on public procurement law, publisher: Kohlhammer, 2nd edition, 2021
Assumption of approval in accordance with section 69 (5) sentence 1 Saxonian Building Regulations (SächsBO), comment on the decision by Bautzen Higher Administrative Court of 30 July 2020 - 1 A 23/17, published in juris Praxisreport Öffentliches Baurecht, December 2020 issue
Granting of a building permit for the construction of a single-family home in a flood area, comment on the decision by Munich Higher Administrative Court of 17 July 2020 - 9 CS 20.1541, published in juris Praxisreport Öffentliches Baurecht, September 2020 issue
Objection of a neighbour against a building permit for a wastewater treatment plant, comment on the decision of Magdeburg Higher Administrative Court of 9 April 2020 - 2 M 17/20, published in juris Praxisreport Öffentliches Baurecht, June 2020 issue
No accommodation for the homeless in a commercial zone, comment on the decision by Munich Administrative Court of 28 11 2019 - M 11 SN 19.2878, published in juris Praxisreport Öffentliches Baurecht, March 2020 issue
Successful challenge of a building permit for a beer garden by a neighbour due to unreasonableness of noise exposure, comment on the decision by Münster Higher Regional Court of 6 September 2019 - 7 A 1174/17, published in juris Praxisreport Öffentliches Baurecht, November 2019 issue
Permissible duration of a binding period for a repurchase right of the selling local authority if a price reduction was granted on conclusion of the agreement for the sale and purchase of the property, comment on the decision by the German Federal Court of Justice (BGH) of 15 February 2019 - V ZR 77/18, published in juris Praxisreport Öffentliches Baurecht, August 2019 issue
Interim legal protection against a supplementary statute for the creation of planning law requirements for a residential development, comment on the decision by Munich Higher Regional Court of 12 March 2019 - 1 NE 19.85, juris Praxisreport Öffentliches Baurecht, May 2019 issue
No application of a privilege created for the exterior area if a development plan is prepared, comment on the decision by the German Federal Administrative Court of 1 November 2018 - 4 C 5/17, published in juris Praxisreport Öffentliches Baurecht, February 2019 issue
Nutzungsuntersagung bei formeller Illegalität (Prohibition of use in case of formal unlawfulness), comments on the decision by the Higher Administrative Court of Magdeburg of 10 April 2018, court ref.: 2 M 6/18, juris Praxisreport Öffentliches Baurecht, edition September 2018
Der Drittschutz im Hochwasserschutz (Third party protection in flood control), comments on the decision by the Federal Administrative Court of 19 December 2017, court ref.: 7 A 6/1, juris Praxisreport Öffentliches Baurecht, edition July 2018
Eilrechtsschutz gegen eine immissionsschutzrechtliche Änderungsgenehmigung: Nachbarklage gegen Änderungsgenehmigung zum Betrieb einer Feuerungsanlage für den Einsatz von Biomasse (Summary relief against a change authorisation under immission control law: action filed by a neighbour against a change authorisation for operation of a heating system using biomass), comments on the decision by the Higher Administrative Court of Bautzen of 8 January 2018, court ref.: 4 B 102/17, juris Praxisreport Öffentliches Baurecht, edition April 2018
Immissionsschutzrechtliche Genehmigung zur Errichtung und des Betriebs von Windenergieanlagen (Permit for the Construction and Operation of Windmills under Immission Control Law), comments on the decision by the Higher Administrative Court of Munster of 5 September 2017, court ref.: 8 A 1125/142014, juris Praxisreport Öffentliches Baurecht, edition January 2018
Besondere Leistungen werden nicht immer zusätzlich vergütet (Additional Services Are Not Always Remunerated), commentary on the decision issued by the German Federal Court of Justice on 10 April 2014, court file: VII ZR 144/12, Der Bauunternehmer, October 2014
Kommentierung der §§ 1, 1 EG, 2, 3, 3 EG VOB/A (Commentary on §§ 1, 1 EG, 2, 3, 3 EG VOB/A), VERIS Online-Kommentar zur VOB/A, (VERIS Online Commentary on the German Award of Public Construction Work Contracts Act), forum vergabe, publisher: Bundesanzeiger, status: February 2013, co-author: Dr Christian Braun

Lectures list

Giving regular training to construction firms, planning and engineering companies, project developers and housing associations
Giving lectures at the Leipzig Chamber of Crafts
Introduction into the new German construction law, Leipzig Chamber of Crafts
The new German construction law, informative meeting at Leipzig Chamber of Crafts
Examination and evaluation of bids from A to Z with practical examples, vhw seminar, Berlin and Leipzig

Education

2007: Second state examination in law
2005 - 2006: Research assistant at the University of Goettingen
Trainee lawyer in Leipzig
2005: First state examination in law
2002 - 2005: Part-time work for CMS
2002 - 2005: Part-time work for the University of Leipzig
2000 - 2004: Law studies at the University of Leipzig

Practice Areas

Real Estate & Public Real estate transactions and financing Legal asset management Project development and construction law Procurement Law

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