Our Services as German Construction Litigation Lawyers
Our construction litigators work with architects, engineers, construction companies, property developers, project developers, specialist contractors, sub-contractors and consultants in construction dispute cases. The lawyers at Schlun & Elseven advise and negotiate for our clients in court cases, arbitration procedures, mediation and other forms of conflict resolution. Our team supports clients in cases of:
In our experience, we have found that preventing litigation is generally better and where possible, we assist our clients in managing risk and resolving issues at an early stage. For this reason, we prefer to build long-lasting relationships with our construction clients and advise them throughout the duration of the project.
As experienced construction litigation lawyers, we have a depth of knowledge of both the courtroom and the realities of the construction site. Our team provides comprehensive support in establishing tailored pre-litigation strategies and best-practice risk avoidance techniques. When disputes arise, our lawyers will be there for you, whether by offering means of alternative dispute resolution or through aggressive litigation.
Admissibility of a Construction Litigation Lawsuit
For a construction lawsuit to occur, the necessary requirements need to be fulfilled regarding whether the legal action can occur. This step involves ensuring that deadlines are observed, the lawsuit is permitted to take place in court, and there are no legal provisions requiring alternative conflict resolution methods (such as arbitration clauses).
In the case of construction disputes, as in other forms of civil litigation, it is vital to examine how much money is being contested. In some federal states, if the amount of money in dispute is up to €750, the parties should resolve the case at first instance utilising “conciliation boards”. For cases worth up to €5,000, the parties can contest the matter at the district court, whereas the regional courts resolve disputes of more than €5,000. In cases before the district court, there is a requirement that a lawyer represents your interests. Most construction law cases that end up in court are those resolved at the regional court level.
As experienced legal professionals, our team of German construction litigation lawyers can be relied upon to ensure that your paperwork is in on time and that deadlines are followed. Once a plaintiff has filed their statement of claim, the other party has to give notice of their intention to defend themselves within a two-week period. If deadlines are not observed, parties can be prevented from making further submissions and, therefore, end up losing the case. Our litigation team is fully aware of German legal procedure and will ensure that your claim is followed through in the required manner.
Once the case has reached the court, they will examine whether the action should be brought. The court officials will achieve this goal by reviewing the underlying facts of the issue. If the court can dismiss the case or seek to have further information provided if the facts are presented incompletely.
Avoid Construction Litigation: Arbitration Clauses
Construction contracts can provide a means by which in-court dispute resolution is avoided. Construction contracts with an arbitration agreement can ensure that most disputes are resolved under arbitration conditions and make it impossible to bring particular disagreements to court. The arbitration process allows a neutral third party or panel of third parties (arbitrators) to resolve the dispute between the parties. These arbitrators tend to be experts in the field of conflict (in this case, construction), and such proceedings are more flexible than traditional litigation. Arbitration holds many advantages in comparison to litigation in that it ensures disputes are resolved more quickly, are often less costly and parties can have a binding decision early in the process.
Our lawyers support our clients in the drafting and negotiating of construction contracts and will advise you regarding whether implementing an arbitration agreement is in your best interests.