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.