Real Estate and Construction Law

Often the most immovable investment assets require the most flexible strategies. Whether an individual property or a group of properties, an asset deal or a share deal, a sale-and-lease-back transaction, a spin-off or refinance: We handle all aspects of a transaction, including tax and antitrust, finance, corporate law issues and environment and construction. Asset management and project development are additional areas of focus.

In addition to transaction work, we advise our clients in all phases of a construction project. Our clients include real estate developers, construction companies, architects and specialist construction consultants. Our expertise extends from support when conceiving a project to strategic approaches to construction projects, the structuring of contracts to consulting services during the construction phase, the final inspection and any litigation that may arise over defects under warranties.

Landlord-Tenant Law – Asset Management

Leases are significant business assets for both landlords and tenants, forming the basis of long legal relationships, but the related legal and business opportunities and risks are frequently underestimated.
Every year, we provide advice on the conclusion of leases covering more than 100.000 square meters of space. We have an excellent understanding of specific regional markets and the players in those markets. Our clients include real estate investment trusts, asset management companies, banks, the owners of office and retail space, shopping centers, home improvement centers, warehouses and logistics facilities, hotel property and gastronomy locations, no matter whether the work is related to project development or existing property. We advise retail chains about their business expansion activities and the owners of residential portfolios.

We customize standard leases and provide service starting with the basic structuring of leases, reviewing and negotiating  leases, lease addenda and building specifications.
We ensure that your leases reflect the latest case law regarding such areas as cosmetic repairs and the recoverability of incidental rental expenses. In addition, we will draft clauses to survive legal scrutiny and will help you review statements of account for operating and incidental rental expenses.
As part of due diligence (DD) in real estate transactions, we conduct a review of all leases and any other agreements associated with the operation of a property. We summarize the results in an understandable, clear DD report.

Our clients include well-known property management companies as well as asset, property and facility managers, and we are pleased to provide advice about concluding all agreements related to these service areas (including TGM and TGA).

Our areas of specialization:

  • Structuring and adapting leases
  • Advice about statements related to operating and incidental rental expenses
  • Review of leases as part of transactions
  • Litigation

Real Estate Transactions

The core area of our work in real estate involves the structuring of large-volume transactions in both national and international settings. We have many years of experience in advising international investors. Thanks to our network of select partner law firms, we can provide local assistance to our clients around the world.

We advise international investors in complex real estate joint ventures and real estate transactions that regularly total eight and nine figures as well as about the purchase, sale or sale and lease-back of large properties and all classes of real estate portfolios. Our advice covers all situations and structures, including share-deals, as well as all stages of the transaction, beginning with the letter of intent and extending to due diligence, contract documentation, the signing, the closing process and post-closing work. As work on the transaction proceeds, we also provide advice on antitrust and tax issues.

We also advise our clients in real estate transactions about issues related to acquisition finance and the refinance of existing loans, including negotiating with banks and the documentation of loan agreements.
Corporate advice and notarial services are provided hand in hand during all stages of a transaction as well as during related preparatory and follow-up work. Many members of our real estate team can draw on many years of experience in traditional corporate and the M&A work.

The support we provide following the successful closure of a deal includes ongoing advice on all issues arising from leases and the law concerning the interests of neighbors both in and out of court. We provide advice in this area especially in particular to internationally active institutional investors, companies and high-net-worth individuals.

If a dispute arises, we assume responsibility for asserting your rights in arbitration proceedings or before a regular court.

Our areas of specialization:

  • Advising on complex real estate transactions
  • Transaction related advice provided from the letter of intent to closing
  • Advising tax, antitrust and corporate as well as notarial aspects of the transaction
  • Acquisition finance and refinance of existing loans
  • Ongoing advice on landlord-tenant law following the transaction
  • Litigation

Project Development and Plant Construction

We are well-versed in asset management, private construction and real estate transactions such as asset or share deals. We are notaries and bankruptcy specialists. We are skilled in real estate finance and the law on the environment and construction. We are at home in cross-border work as well as in Germany’s laws regarding engineer and architect fees.

We know how collateral must be structured in construction contracts and leases to meet the requirements and expectations of the financing parties. We structure real estate transactions in such a way that properties where the buildings exist only as a CAD are already rented, temporarily financed and sold to an end investor before the first piece of earth-moving equipment begins to roll. We create a situation under construction law that can pass the muster of financing banks during the due diligence review.

On the one hand, advising on project development requires a deep understanding of the many different individual disciplines in real estate law as a result of the interaction between issues in real estate and construction law. On the other hand, knowledge about and an understanding of economic aspects, how projects are calculated and a feel for the interaction among  the many players in a development project are essential. We provide both to our clients.

We have demonstrated in projects of all sizes that we have a strong grasp of the economically challenging business of project development and that we are highly capable of seamlessly integrating our services into this production process, with good ideas and a sense for the “doable.” 

Our areas of specialization:

  • Construction and architectural law
  • Real estate law
  • Real estate transactions as asset or share deals
  • Real estate finance
  • Environment and construction
  • Notarial services
  • Bankruptcy law

Private Construction and Architectural Law

We advise real estate developers, construction companies, architects and specialist construction consultants in all phases of a construction project. Our expertise extends from providing support when the project is conceived to strategic approaches for a construction project and from contract structuring to consulting services during the construction phase, the final inspection and any litigation that may arise over defects under warranty.

From the start, we strive to minimize the potential for conflict among the parties involved in a construction project: by providing transparent, customized contract solutions for the respective project. Our goal is always to find a pragmatic solution that is in the client’s interest.

If it is not possible to resolve a conflict in an out-of-court setting (particularly through mediation and adjudication), we represent our clients in litigation.

In addition to risk management, claim management is an essential aspect of a successful project. This is particularly the case for an extension of construction time. During the building phase, we assist our clients with documentation aimed at asserting justified claims and defending against unjustified ones.

The goal: avoiding disputes from the start through clear contract structure and open, solidly based communication.

Our areas of specialization:

  • Advice on construction projects/construction-related advisory support
  • Drafting and negotiating contracts
  • Acceptance/warranties
  • Risk and claim management
  • Training for project heads and construction site managers, architects, engineers and commercial-project personnel
  • Litigation

Key Contact

Dr Lorenz Czajka
T +49 30 726111-300