Mabel Law
LAW FIRM
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DESIGN · CONSTRUCTION · RESPONSIBILITY

Construction &architects' law

Supporting projects.
Clarifying responsibility.

A construction project brings together many services, decisions and dependencies. We advise building owners, construction companies, architects and engineers on contracts, project delivery and disputes, with a focus on the project and each party's legal position.

Discuss your matter

Construction contracts. Design. Acceptance and payment.

YOUR MATTER

One construction project.
Shared responsibilities.

Building owners need the agreed works, contractors need a reliable basis for their work and payment, and design practices have their own duties. We clarify the interfaces and represent the interests of the party instructing us.

Building owners & clients

We support private, commercial and institutional building owners with new construction, alterations and refurbishment. We review specifications, costs and scheduling provisions, and assist with acceptance, defects and disputes with project participants.

Construction companies & trades

We advise contractors on contracts, variations, cooperation duties and payment. We assess their position in the event of disruption, disputed work or alleged defects. Relationships between main contractors and subcontractors are considered separately.

Architects & engineers

We support design practices with appointments, scope of services, fees and liability. In separate engagements for building owners, we advise on their designers' duties. We distinguish the contractual brief, technical assessment and cooperation with other participants.

OUR SERVICES

From design
to the final account.

We advise on contractual and legal issues throughout the construction process. Technical findings, commercial decisions and legal assessment are coordinated while keeping their respective functions distinct.

Construction contracts and scope of works

Define what is to be built and delivered.

We assist building owners with specifications, deadlines, security and allocation of responsibilities. We advise construction companies on the basis of pricing, scope of work and the client's cooperation duties. We review construction, main contractor and subcontractor agreements and the agreed conditions. For property development projects, we consider the link between acquisition and construction services. Whether particular consumer protection rules or the VOB/B apply is assessed against the specific contract.

Construction contract · Property development contract · Specification · Subcontractor · VOB/B

Architect and engineer appointments

Align design objectives, services and fees.

We advise clients on the design and supervision services they need and how to commission them. We support architects and engineers with the scope of services, cooperation duties, fees and subsequent changes. We review the agreed objectives, responsibilities and interfaces with other designers. The fee agreement and applicable HOAI rules are considered separately. In disputes about design or supervision, we clarify the specific contractual responsibility.

Architect appointment · Engineer appointment · Design objectives · Supervision · HOAI · Fees

Changes and variations

Make additional work and payment transparent.

We help contractors set out changes to the works and their payment consequences. We advise clients on the validity and assessment of submitted variation claims and on changes they wish to make. We review the original contract, instruction, quotation and subsequent documentation. Negotiations should address the work, price and effects on timing together. The different rules under the German Civil Code (BGB) or agreed contract conditions are assessed for the individual case.

Variations · Changes to the works · Instructions · Additional payment · Documentation

Construction periods, disruption and delay

Assess causes and effects within the project programme.

We assist building owners with outstanding work, delayed dates and possible additional costs. We advise contractors on disruption, failures to cooperate and delay claims made against them. We examine agreed dates, the actual sequence of events and evidence of the causes. Responsibility can often only be assessed in the context of the various interdependent services. We prepare claims or defences and assist with agreements to continue the project.

Construction delay · Disruption · Construction programme · Cooperation · Schedule · Additional costs

Acceptance and handover

Record the state of the works and legal consequences deliberately.

We help clients prepare the legal aspects of acceptance, make reservations and assess existing defects. We advise contractors on seeking acceptance and documenting the state of the works. Records, outstanding works and further declarations must fit the specific contractual relationship. We coordinate technical inspections or expert assistance separately. Partial acceptance and handover of documents are also considered.

Acceptance · Acceptance record · Reservations · Outstanding works · Handover

Construction defects and preservation of evidence

Establish the condition before evidence is lost.

We assist building owners with defect notices, remedial performance and the assessment of further rights. We advise construction companies and designers on handling complaints and defending or settling claims. The agreed standard of work, cause and area of responsibility are decisive. We coordinate suitable documentation and, where necessary, expert findings. Negotiations or independent proceedings to preserve evidence are prepared according to the specific needs of the engagement.

Construction defects · Defect remedies · Remedial performance · Experts · Evidence proceedings

Construction payments, professional fees and security

Connect work and payment in legal terms.

We support contractors and design practices with interim or final payment claims and agreed security. We advise clients on verifiability, payment becoming due, objections and possible counterclaims. We review the contractual basis, evidence of performance and accounts, and distinguish undisputed from disputed items. In payment disputes, we consider the project stage and the consequences of further steps. Payment and security provisions are assessed separately for each contract type.

Construction payments · Architects' fees · Interim payment · Final account · Security

Liability and project disputes

Allocate responsibility. Negotiate solutions.

Where design, construction or supervision errors arise, we assess clients' rights and the responsibility of the companies or designers involved. For the party we represent, we consider possible damages claims, defences and recourse. Contractual relationships, evidence and the contribution of other participants are examined together. We support settlements and litigation and coordinate any relevant insurance cover within the engagement.

Liability · Design errors · Supervision · Recourse · Settlement · Litigation

WORKING TOGETHER

From your concern
to your next decision.

Whether reviewing a contract before construction begins or addressing a dispute during the works, we establish the project stage and contractual relationships before deciding the next steps.

  1. Establish the project and role

    We clarify the brief, project stage and companies or designers involved. Your role, desired outcome and urgent dates provide the starting point.

  2. Evaluate documents and the sequence of events

    We review contracts, variations, correspondence and existing records. We agree the technical findings needed, legal questions and cost framework.

  3. Prepare and support a solution

    We draft agreements, conduct negotiations or pursue claims and defences. We agree the involvement of experts and court proceedings with you.

QUESTIONS & ANSWERS

Initial
Guidance.

Frequently asked questions about construction and design services. The specific contracts, declarations and technical findings determine the legal assessment.

Legal information: 31 October 2026

Do you also represent construction companies and design practices?

Yes. We may be instructed by building owners, construction companies, architects or engineers. In each case, we clarify which person or organisation is the client and whether conflicts of interest exist. Claims, duties and defences are examined from that client's perspective.

Why should acceptance be prepared from a legal perspective?

Acceptance can have significant legal consequences. A client who does not reserve rights in respect of a known defect on acceptance may lose certain remedies. The law also provides for deemed acceptance under certain conditions, with additional requirements for consumers. Clients and contractors should therefore carefully review their declarations and the state of the works.

Can a client simply order additional construction work?

For certain changes, the BGB first provides for agreement on the work and any additional or reduced payment, and permits instructions under further conditions. The original contract, requested change and procedural stage are therefore decisive. We assess the applicable requirements for both clients and contractors in the individual case.

What remedies may be available for construction defects?

Subject to the relevant conditions, the law governing contracts for work provides for remedies including remedial performance, self-remedy, price reduction, rescission and damages. The suitable step depends on the contract, defect and action already taken. We assist clients in assessing their rights and contractors in responding to complaints.

What services does an architect or engineer owe?

The agreed design and supervision objectives and the services needed to achieve them at the relevant project stage are decisive. Where essential objectives remain unresolved, the law initially provides for a design basis with a cost estimate. We therefore examine the specific appointment and later agreements, rather than inferring the scope of services from a professional title alone.

Does legal review replace a technical expert report?

No. Technical causes, construction quality or the remedial measures required may need expert assessment. We evaluate the legal significance of those findings and agree with you which further specialist input or evidence-preservation measures are appropriate for the engagement.

Can you provide support while construction is ongoing?

Yes. We can advise on individual questions or provide agreed ongoing support with contract administration, including variations, disruption, acceptance or payment. Responsibilities, communication channels, scope and fees are clarified in advance. Early assessment can help align decisions and documentation.

CONTACT

A conversation
is a beginning.

04532 999 32 90info@mabel-law.de
Mabel Law · Lawyer Lena Kleene
Marie-Curie-Straße 2
22941 Bargteheide
Appointments by arrangement

LAW FIRM SUCCESSION

Preserving experience.
Connecting prospects.

Are you considering succession for your law firm or joining Mabel Law? We will discuss client relationships, areas of expertise, your team's prospects and a carefully planned handover with you.

Request a confidential conversation

PRESS

Your direct
contact.

For press enquiries to Mabel Law, please write to us with your topic, publication or media outlet and preferred timeframe.

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LEGAL INFORMATION

Information and advice

The content of this website provides initial guidance. Individual legal assessments take place in direct consultation. The nature and scope of any engagement are agreed separately.

Time-sensitive matters

Please tell us about any current deadlines when you contact us. For urgent matters, you can reach the firm by phone on 04532 999 32 90.

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