Construction Litigation in Germany

German Construction Lawyers

Construction Litigation in Germany

German Construction Lawyers

Our construction lawyers offer comprehensive legal advice and representation in all construction law matters relating to construction litigation. Our goal is to settle our clients’ legal disputes out of court, if possible and desired.

In construction law, court proceedings are usually particularly time-consuming and cost-intensive. For this reason, our lawyers use all legal options available to us to achieve an out-of-court settlement of your case. If an out-of-court settlement is not possible, our lawyers will represent you in court with the necessary commitment.

At Schlun & Elseven Rechtsanwälte, our construction lawyers have in-depth knowledge of construction litigation and the process of litigation. We work with you to develop customised strategies for your legal case and use proven techniques to avoid risk. Please, do not hesitate to contact us directly.

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Admissibility of a Construction Lawsuit

For construction litigation to occur, the requirements for the admissibility of the litigation must be met. These include meeting deadlines and establishing that no legal provisions require alternative dispute resolution methods (such as arbitration clauses).

In the case of litigation, it is vital to check the amount of money at stake. In some federal states, it is common for the parties to resolve the legal case using “conciliation boards” if the amount in dispute is up to €750.

If the amount in dispute is up to €5,000, the case can be resolved before the district court, while the regional courts decide on disputes of more than €5,000. In proceedings before the district court, lawyers are compulsory. Most construction law cases that end up in court are decided before the Landgericht.

Our construction lawyers will take care of the filing of your documents and thus ensure that the deadlines are met. Once a plaintiff has filed their statement of claim, the opposing party must give notice of their intention to defend within a two-week period. If the deadlines are not met, the parties may be prevented from making further submissions and end up losing the case. Our lawyers are very familiar with German legal procedures and will ensure your case is handled with the necessary care.

As soon as the competent court has received the case, it will be examined whether a lawsuit should be filed. The court clerks decide this by reviewing the underlying facts. The court may dismiss the case or seek further information if the facts are incomplete.

Avoiding Litigation in Construction: Arbitration Clauses

Construction contracts can be used to avoid litigation. Construction contracts with an arbitration agreement can ensure that most disputes are resolved under arbitration terms, thus avoiding conflicts in court. Arbitration allows a neutral third party or a panel of third parties (arbitrators) to settle the dispute between the parties.

These arbitrators are usually experts in the field concerned (in this case, construction). Such proceedings are more flexible than traditional court proceedings. Arbitration offers many advantages over court proceedings, as it usually ensures a quicker resolution of disputes, requiring significantly less time and money.

Our lawyers can assist you in drafting and negotiating construction contracts and advise you on implementing an arbitration agreement and whether it is in your best interests.

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Practice Group: German Construction Law

Practice Group:
German Construction Law