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leinemann-partner.de


leinemann-partner.de


LEINEMANN PARTNER CONSTRUCTION L AW


LEINEMANN PARTNER CONSTRUCTION L AW


SPECIALISTS IN THE CONSTRUCTION INDUSTRY The construction of buildings, engineering structures, roads, infrastructure projects and industrial plants as well as the operation and management of real estate, are large volume, long term projects. All parties contractually involved in the process move in a very adversarial market environment, with high risks and often narrow profit margins. Leinemann & Partner are recognized specialists in the industry, with an excellent reputation. We offer support in the initial structuring of projects, in the preparation, tendering, negotiation and completion of all contracts, and through all stages, from the erection of the building to its sale. In today’s world the traditional picture of a lawyer as a representative in court has become outdated. For us preliminary guidance and the avoidance of contentious proceedings are in the foreground, often in close collaboration with our clients’ own legal departments. Good legal advice is characterized by diverse experience, farsightedness, expert research, confident discernment and economic and technical understanding. With our locations in Berlin, Hamburg, Dusseldorf, Frankfurt and Cologne, we not only represent one of the largest teams of legal specialists in Germany in the building industry, but also guarantee local advice close to your project. We have the capacity to manage complex and extensive tasks quickly and efficiently, creating a firm legal basis for our clients and their economic activities.

Federal Chancellery, Berlin


SPECIALISTS IN THE CONSTRUCTION INDUSTRY The construction of buildings, engineering structures, roads, infrastructure projects and industrial plants as well as the operation and management of real estate, are large volume, long term projects. All parties contractually involved in the process move in a very adversarial market environment, with high risks and often narrow profit margins. Leinemann & Partner are recognized specialists in the industry, with an excellent reputation. We offer support in the initial structuring of projects, in the preparation, tendering, negotiation and completion of all contracts, and through all stages, from the erection of the building to its sale. In today’s world the traditional picture of a lawyer as a representative in court has become outdated. For us preliminary guidance and the avoidance of contentious proceedings are in the foreground, often in close collaboration with our clients’ own legal departments. Good legal advice is characterized by diverse experience, farsightedness, expert research, confident discernment and economic and technical understanding. With our locations in Berlin, Hamburg, Dusseldorf, Frankfurt and Cologne, we not only represent one of the largest teams of legal specialists in Germany in the building industry, but also guarantee local advice close to your project. We have the capacity to manage complex and extensive tasks quickly and efficiently, creating a firm legal basis for our clients and their economic activities.

Federal Chancellery, Berlin


LEGAL ADVICE DURING THE CONSTRUCTION PROCESS Especially during the deployment phase it is vital for lawyers to possess a high level of technical understanding combined with the capability of interdisciplinary cooperation, especially with engineers, architects, commercial, real estate and financial experts. Here, the particular quality of a specialized law firm becomes clear. It is crucial that fundamental legal advice takes the clients’ broader interests into consideration, beside solving the legal questions correctly. The legal advice that we offer during the construction process does not take place in an ivory tower, instead we like to build a bridge to the technical, construction, operational and commercial expert knowledge. Leinemann & Partner’s legal advice in ongoing projects goes beyond the usual construction law issues. Typical thematic problems occurring with a construction project, e. g. joint venture contracts or project management contracts, site contracts, agreements on capital contributions and the deployment of a site, management contracts, architects’ and engineers’ contracts, environmental questions or health and safety viewpoints, etc. will be competently structured and guided by us. The client can determine the extent of the legal advice and has the option to choose from a variety of remuneration models.

Strelasund-Crossing, bridge between the island of Rügen and the mainland at Stralsund


LEGAL ADVICE DURING THE CONSTRUCTION PROCESS Especially during the deployment phase it is vital for lawyers to possess a high level of technical understanding combined with the capability of interdisciplinary cooperation, especially with engineers, architects, commercial, real estate and financial experts. Here, the particular quality of a specialized law firm becomes clear. It is crucial that fundamental legal advice takes the clients’ broader interests into consideration, beside solving the legal questions correctly. The legal advice that we offer during the construction process does not take place in an ivory tower, instead we like to build a bridge to the technical, construction, operational and commercial expert knowledge. Leinemann & Partner’s legal advice in ongoing projects goes beyond the usual construction law issues. Typical thematic problems occurring with a construction project, e. g. joint venture contracts or project management contracts, site contracts, agreements on capital contributions and the deployment of a site, management contracts, architects’ and engineers’ contracts, environmental questions or health and safety viewpoints, etc. will be competently structured and guided by us. The client can determine the extent of the legal advice and has the option to choose from a variety of remuneration models.

Strelasund-Crossing, bridge between the island of Rügen and the mainland at Stralsund


LEADING A TRIAL, ARBITRATION AND SETTLEMENT Sometimes disagreements cannot be resolved through negotiation. However this does not necessarily have to lead to a court action. Different settlement procedures (e. g. mediation or dispute adjudication boards) are now also being applied in construction law. A series of lawyers at Leinemann & Partner have experience in arbitration proceedings under the Arbitration Code for the Construction Industry (Schiedsgerichtsordnung für das Bauwesen), the arbitration rules of the German Institute for Arbitration (Schiedsordnung der Deutschen Institution für Schiedsgerichtsbarkeit) or the International Chamber of Commerce in Paris (ICC), as well as the construction arbitration rules by the German Association of Lawyers (SO Bau des Deutschen Anwaltsvereins). A lawyer’s experience is of particular importance when selecting a suitable arbitrator and appraiser. In court, procedural competence and the command of procedural tactics, as well as a procedural approach is vital for success. As an internationally recognised, specialised law firm, Leinemann & Partner can draw from long experience in all areas of construction law. This includes in particular large-scale law suits in which teams of several lawyers develop a thorough knowledge of the case, often based on extensive documentation of litigious material. Such large law suits require the specific know-how that Leinemann & Partner can offer and for which we have numerous references. In all litigious matters we advise primarily with the aim of avoiding going to court or to an arbitral tribunal. From the beginning of a litigious conflict our clients can expect a clear analysis of the chances and risks of the law suits and an explicit recommendation as to how to proceed.

Dom Aquarée, urban quarter with offices, hotel and residential housing, Berlin


LEADING A TRIAL, ARBITRATION AND SETTLEMENT Sometimes disagreements cannot be resolved through negotiation. However this does not necessarily have to lead to a court action. Different settlement procedures (e. g. mediation or dispute adjudication boards) are now also being applied in construction law. A series of lawyers at Leinemann & Partner have experience in arbitration proceedings under the Arbitration Code for the Construction Industry (Schiedsgerichtsordnung für das Bauwesen), the arbitration rules of the German Institute for Arbitration (Schiedsordnung der Deutschen Institution für Schiedsgerichtsbarkeit) or the International Chamber of Commerce in Paris (ICC), as well as the construction arbitration rules by the German Association of Lawyers (SO Bau des Deutschen Anwaltsvereins). A lawyer’s experience is of particular importance when selecting a suitable arbitrator and appraiser. In court, procedural competence and the command of procedural tactics, as well as a procedural approach is vital for success. As an internationally recognised, specialised law firm, Leinemann & Partner can draw from long experience in all areas of construction law. This includes in particular large-scale law suits in which teams of several lawyers develop a thorough knowledge of the case, often based on extensive documentation of litigious material. Such large law suits require the specific know-how that Leinemann & Partner can offer and for which we have numerous references. In all litigious matters we advise primarily with the aim of avoiding going to court or to an arbitral tribunal. From the beginning of a litigious conflict our clients can expect a clear analysis of the chances and risks of the law suits and an explicit recommendation as to how to proceed.

Dom Aquarée, urban quarter with offices, hotel and residential housing, Berlin


PUBLIC PROCUREMENT LAW AND PRIVATISATION Numerous building projects, in particular in the area of civil engineering and infrastructure are subject to the formal requirements of public procurement when public authorities are participating as principals according to Art. 98 GWB (Act against restraints of competition). This applies in particular to both concession and operator-models and to the privatisation of public tasks in Public Private Partnerships (PPP). These tender procurements are regularly subject to verification procedures by the procurement chambers and the higher regional courts. Leinemann & Partner offer support from the initial bidding phase onwards in order to ensure correct legal procurement procedures thereby taking account of continuously developing jurisdiction. During procurement verification procedures which are often characterised by extreme time pressure the experience of the instructed lawyers is vital. Leinemann & Partner offer one of the largest and most experienced teams in procurement law, in particular in the conduct of verifi cation procedures. In past years we have acted on numerous procedures all over Germany and have been involved in a considerable percentage of the published decisions of the procurement courts.

TEACHING ACTIVITIES AND PUBLICATIONS Construction and procurement law literature is to a great extent characterised by publications created in cooperation with Leinemann & Partner lawyers. Besides an established commentary to the VOB/B (German Construction Contract Procedures, Part B), our lawyers publish books on public procurement law, architects law, construction law, defects liability, plant engineering, consortium agreements as well as other legal areas. These books are complemented by regular publications in renowned legal journals. Lecturers from Leinemann & Partner teach courses and seminars all over Germany, offer in-house training and are regularly invited to conventions as guest speakers. Several Leinemann & Partner lawyers also teach private construction law and associated areas of law at universities and polytechnics. Our information service “Neues zum Baurecht” (Construction Law News) is a free publication and is one of the most widespread information brochures in the area of construction law.

Deep water harbour, Jade Weser Port, Wilhelmshaven


PUBLIC PROCUREMENT LAW AND PRIVATISATION Numerous building projects, in particular in the area of civil engineering and infrastructure are subject to the formal requirements of public procurement when public authorities are participating as principals according to Art. 98 GWB (Act against restraints of competition). This applies in particular to both concession and operator-models and to the privatisation of public tasks in Public Private Partnerships (PPP). These tender procurements are regularly subject to verification procedures by the procurement chambers and the higher regional courts. Leinemann & Partner offer support from the initial bidding phase onwards in order to ensure correct legal procurement procedures thereby taking account of continuously developing jurisdiction. During procurement verification procedures which are often characterised by extreme time pressure the experience of the instructed lawyers is vital. Leinemann & Partner offer one of the largest and most experienced teams in procurement law, in particular in the conduct of verifi cation procedures. In past years we have acted on numerous procedures all over Germany and have been involved in a considerable percentage of the published decisions of the procurement courts.

TEACHING ACTIVITIES AND PUBLICATIONS Construction and procurement law literature is to a great extent characterised by publications created in cooperation with Leinemann & Partner lawyers. Besides an established commentary to the VOB/B (German Construction Contract Procedures, Part B), our lawyers publish books on public procurement law, architects law, construction law, defects liability, plant engineering, consortium agreements as well as other legal areas. These books are complemented by regular publications in renowned legal journals. Lecturers from Leinemann & Partner teach courses and seminars all over Germany, offer in-house training and are regularly invited to conventions as guest speakers. Several Leinemann & Partner lawyers also teach private construction law and associated areas of law at universities and polytechnics. Our information service “Neues zum Baurecht” (Construction Law News) is a free publication and is one of the most widespread information brochures in the area of construction law.

Deep water harbour, Jade Weser Port, Wilhelmshaven


Elbphilharmonie, Hamburg computer generated graphics Š Herzog & de Meuron


Elbphilharmonie, Hamburg computer generated graphics Š Herzog & de Meuron


Deep water harbour JadeWeserPort, Wilhelmshaven Construction of the Lufthansa Aviation Center, Frankfurt / Main Conversion of the Olympic Stadium, Berlin Construction of the Federal Chancellery, Berlin Extension of the Airports in Munich, Dusseldorf and Frankfurt Construction Aachen Munich Insurance Headquarters, Aachen Allianz-Treptowers, Berlin Construction and conversion of a hospital, Görlitz Extension of the Lehrter Bahnhof central station, Berlin Structural construction of the Lehrter Bahnhof central station, Berlin Domaquarée, Berlin Asbestos decontamination and demolition of the Palast der Republik, Berlin Conversion of the Kaufhof Alexanderplatz shopping center, Berlin Extension of the tram network, Rostock Elbphilharmonie, Hamburg Rail linkage to the BBI Airport, Berlin Construction of the Oeconomicum at the Heinrich-Heine-University, Dusseldorf Construction of the BBI Airport, various contract sections, Berlin Construction of the Limbecker Platz Shopping Center, Essen Proton-Therapeutic Center, Kiel Aschaffenburg station St. Josefs Hospital, Wiesbaden Extension of the runway at Frankfurt-Hahn Airport Thermal waste treatment plant, Lauta Construction of the power station and cooling tower, Datteln New Trade Fair “Neue Messe”, Frankfurt Construction of the Wehrhahn city railway, Dusseldorf Downsizing of a mine, Duisburg-Walsum Banco Bilbao Headquarter (BBVA), Madrid Construction ship hoisting station, Niederfinow Extension of the Nurburgring Structural construction of the Aachen Arcades, Aachen Barrage, Leibis / Lichte Extension of the motorways A40, A1, A3, A2, various contract sections, Dortmund Construction of the motorway BAB A20 and A38, various contract sections Weser power station, Bremen Palais Quartier My Zeil, Frankfurt / Main Unstruttal-bridge, Erfurt-Leipzig / Halle Modernisation and construction of the hoisting plant Konrad 1 and 2, Salzgitter University hospital, Gießen Stuttgart 21 infrastructure (preliminary works, track construction and signalling) Leipzig / Halle Airport, rolling bridge FAC, Frankfurt Airport Frankfurt / Main KFW offices, Frankfurt / Main Neue Börse stock exchange, Frankfurt / Main Chip factory, Dresden Maintenance and modernization of a sludge incineration plant, Buchenhofen Motorway A113 Rudower Höhe, procurement deferment costs

NORDSONNE IDENTITY, BERLIN

REFERENCES


Deep water harbour JadeWeserPort, Wilhelmshaven Construction of the Lufthansa Aviation Center, Frankfurt / Main Conversion of the Olympic Stadium, Berlin Construction of the Federal Chancellery, Berlin Extension of the Airports in Munich, Dusseldorf and Frankfurt Construction Aachen Munich Insurance Headquarters, Aachen Allianz-Treptowers, Berlin Construction and conversion of a hospital, Görlitz Extension of the Lehrter Bahnhof central station, Berlin Structural construction of the Lehrter Bahnhof central station, Berlin Domaquarée, Berlin Asbestos decontamination and demolition of the Palast der Republik, Berlin Conversion of the Kaufhof Alexanderplatz shopping center, Berlin Extension of the tram network, Rostock Elbphilharmonie, Hamburg Rail linkage to the BBI Airport, Berlin Construction of the Oeconomicum at the Heinrich-Heine-University, Dusseldorf Construction of the BBI Airport, various contract sections, Berlin Construction of the Limbecker Platz Shopping Center, Essen Proton-Therapeutic Center, Kiel Aschaffenburg station St. Josefs Hospital, Wiesbaden Extension of the runway at Frankfurt-Hahn Airport Thermal waste treatment plant, Lauta Construction of the power station and cooling tower, Datteln New Trade Fair “Neue Messe”, Frankfurt Construction of the Wehrhahn city railway, Dusseldorf Downsizing of a mine, Duisburg-Walsum Banco Bilbao Headquarter (BBVA), Madrid Construction ship hoisting station, Niederfinow Extension of the Nurburgring Structural construction of the Aachen Arcades, Aachen Barrage, Leibis / Lichte Extension of the motorways A40, A1, A3, A2, various contract sections, Dortmund Construction of the motorway BAB A20 and A38, various contract sections Weser power station, Bremen Palais Quartier My Zeil, Frankfurt / Main Unstruttal-bridge, Erfurt-Leipzig / Halle Modernisation and construction of the hoisting plant Konrad 1 and 2, Salzgitter University hospital, Gießen Stuttgart 21 infrastructure (preliminary works, track construction and signalling) Leipzig / Halle Airport, rolling bridge FAC, Frankfurt Airport Frankfurt / Main KFW offices, Frankfurt / Main Neue Börse stock exchange, Frankfurt / Main Chip factory, Dresden Maintenance and modernization of a sludge incineration plant, Buchenhofen Motorway A113 Rudower Höhe, procurement deferment costs

NORDSONNE IDENTITY, BERLIN

REFERENCES


Construction law