Criminal Law related to Construction

Criminal law related to construction (incl. ancillary criminal law) and the law governing administrative offences continue to gain importance in the field of construction. The responsible persons at involved companies face the threat of high sanctions. Proceedings can even threaten the existence of companies. Fines in the 7-digit amounts are by no means any longer rare. Even minor violations result in the threat of being blocked from contracts.

Companies and their managers must often take preventive measures and install compliance systems to provide protection against criminal proceedings and proceedings on administrative fines. Our attorneys, including our criminal defense attorneys, support you with their many years of experience in criminal law related to construction.

The focus of investigations by state prosecutors in the construction industry involve, in addition to the crimes of so-called endangering construction, environmental crimes and violations of the law on temporary employees as well as off-the-book work (see on this aspect, construction employment law) and frequently provisions in the German Criminal Code (Strafgesetzbuch) covering corruption. This involves above all drawing the line between permissible marketing and criminal bribery. The crimes involving public levies are becoming increasingly important. These often involve also issues concerning public contributions and liability law, see the law on public levies in construction.

Under which circumstances is there a threat that authorities will commence investigations? How can risks be avoided from the very start? Which strategies are recommended to protect companies and employees who are unfairly accused? How is it possible to proceed against employees who apparently engaged in criminal conduct? How is it possible to limit the harm? These are core areas of our legal services.

Our main areas of services:

  • Planning and installation of compliance systems, taking into account the special aspects in construction for avoiding criminal and administrative responsibility and liability
  • Support in internal investigations
  • Planning and conducting internal investigations during the course of investigations by customs authorities, tax investigations as well as investigations by state prosecutors
  • Early contact with investigative authorities for the purpose of cooperation
  • Defending the company, the responsible employee, the board of directors, the managing directors or the (senior) employee in order to defend against unjustified accusations
  • Enforcing claims of the company for damages against responsible employees or other companies
  • Defending against sanctions such as being blocked from contracts, loss of business licenses, etc.
  • Support in the pre-qualification of the company
  • Training employees about the relevant rules 

Key Contact

Alena Wutz, neé Danilow
T +49 40 35922-136