In principle, your specialist lawyer for building law will be of assistance to you throughout the entire building process from basic planning to building acceptance. The construction lawyer supports his clients, who can be public or private builders. Therefore, as a company, you can also come back to a building attorney. Are you held liable by a customer? Is your customer not meeting your payment demands? Here, too, your building lawyer is at your side.
The private building law
The private construction law is the Civil Code and therefore part of the civil law regulated. It determines the regulations between the client and the craftsmen, construction companies, engineers and architects. Likewise, land ownership law and neighboring law are also part of private building law. As a result, you can also consult a building attorney if you have problems with the building next door, because this is where the neighboring law applies. Consequently, these are civil matters between a client, the architect and the construction company.
Legal foundations of private building law
Due to the so-called private autonomy, you as the client can negotiate contracts that do not comply with the building regulations. The principles of private construction law are anchored under contract law and under neighboring law. However, the legislation partly differs in the individual federal states.
Since these paragraphs are not fully formulated, legal experts often refer to the procurement and contract regulations for construction services. Also the remuneration of engineers and architects is stipulated by law. This determination is the so-called fee schedule for architects and engineers. The most important legal source for you in building law is the Building Code. This law contains the provisions on general and special urban building law. The field of activity of a building lawyer relates, for example, to the following types of contracts:
Construction contract or work contract
The construction contract, also known as a contract for work and services, exists between a building owner and a building contractor. This can only specify individual services or renovations, as well as the construction of a turnkey building.
Be careful here! A construction contract is not a developer contract (combination of purchase and work contract) and also not a construction supervision contract (the construction supervisor is the legal representative of the client). The building lawyers can brief you well about the same.
Architect contract
An architect contract is basically a legally valid agreement between a client and an architect. The contract is concluded when you, as the client, accept an architect’s offer: The architect’s contract can be concluded orally, but for reasons of evidence we recommend that it be in writing. In most cases, an architect contract is a so-called work contract. The best thing to do is to choose an architect who is a member of the Chamber of Architects in your state.
Your advantages
The legal regulations for private building law give you plenty of leeway. In addition, these regulations can be formulated differently in the individual federal states. That being said, it is very difficult for the layperson not to make a mistake here. A construction lawyer can advise you professionally on this. Because he knows all legal means to get the greatest possible benefit for you. But not only disagreements or disputes are in his interest. In addition, he prepares and reviews both building contracts and architectural contracts. In principle, a specialist lawyer for construction law and architectural law can attend the entire construction process.