HFK - Legal Services

The whole cycle

HFK Legal Services 2018-08-15T23:48:06+00:00

We specialize in providing comprehensive support for construction projects and to solve any legal questions in the area of construction and real estate.

With a practical approach, from the initial idea to marketing.

From contracting and planning to realization, completion and exploitation, we provide reliable support and a solid legal foundation for your projects. The size of our clients’ projects is irrelevant to us. Our main concern is to see our clients succeed. Our lawyers are industry and legal experts with extensive experience in a broad range of areas. This allows us to put together competent teams for even the most complicated projects or transactions thereby ensuring that our clients get the best possible support. Our competences and references lie in the following areas: financing questions, planning law, building permits, public procurement, building contracts, legal support throughout the entire construction project, project management, project steering, and representing clients in and out of court. Thanks to our efficient internal structure, our law firm offers direct and reliable lines of communication. The fact that we have been able to build relationships of trust with our clients and that many of them have stayed with us for years is the biggest compliment for us and motivates us to continuously grow our expertise in all legal areas.

Public procurement law is becoming more and more like an impenetrable jungle – both for contracting entities and for bidders. We forge a path through the thicket and create a space where our clients have room to breathe. Honing in on the issues with great precision, we find creative solutions and show our clients what sort of options they have from a legal and strategic perspective,

the goal being to win the contract in a legally sound manner or to meet the needs in the best possible way. In all of this, we are guided by the motto: “The period after winning a contract is the period before its execution.” This is why we always consider both procurement-related and contractual matters when advising our clients.

Our competences and services:

Comprehensive project-based legal and strategic consulting for public contracting entities, in particular in connection with a large-scale and complex public procurement procedures in all industries, from conception to completion of the tender;

  • Supporting clients with interdisciplinary adviser teams (also in a leadership position, handling the legal project management), including in connection with complex tenders in the areas of IT, construction, energy, finance and insurance;
  • Managing procurement procedures, also as “external tenderer” or “extended work bench”, including drafting, structuring and negotiating contracts for contracting entities;
  • Comprehensive consulting for and representation of bidders (support in the preparation and negotiation of offers, self-purification and compliance questions, legal protection against being barred from participating in tenders);
  • Legal advice and support in connection with aspects of electronic tendering for bidders and contracting entities;
  • Advice in connection with calls for tender with a foreign component, for both bidders and contracting entities;
  • Procurement review proceedings for both bidding and contracting entities; also, legal remedies below the threshold amounts, litigation for damages, and objection procedures before the Auditor General’s offices;
  • Preparation of legal opinions on procurement-related questions;
  • Integrated consulting on procurement-related topics at the interface with other areas of the law, such as data protection and privacy, pricing, public budgets, state aid, grants and subsidies;
  • Customized (in-house and external) training programs for bidders and contracting entities.

Please contact:
Dr. Jörg Stoye

HFK is one of the first and leading law firms in private construction law. Our lawyers are highly specialized and very experienced, even with unusual or difficult cases. We look back on a whole range of high-profile and demanding projects in which HFK lawyers successfully advised contracting entities, contractors, project managers, and planners in all phases throughout the realization of their construction projects.

Our competences and services:

  • Due diligence with regard to the framework conditions of the project;
  • Conception of project structure and project flow according to legal requirements, including timelines, for instance with regard to public procurement;
  • Drafting and structuring of all kinds of contracts, in particular construction contracts; 
  • Conception and optimization of the project execution from a legal perspective;
  • Comprehensive legal support throughout all phases of a construction project and implementation of legal safeguards for the decision-makers;
  • Legal enforcement of claims, and implementation of safeguards allowing for the enforcement of claims;
  • Legally sound, pragmatic prevention of conflicts and risks;
  • Legally sound drafting of decision-making proposals; 
  • Extrajudicial conflict resolution procedures; 
  • Complicated court proceedings.

Please contact:
Ernst Wilhelm and Dr. Florian Schrammel

Public construction law is one of the core competences of HFK. We advise clients on all questions related to zoning and building regulations, and support them with our vast specialized knowledge, for example when it comes to preparing development and land use plans, negotiating urban development agreements, and obtaining building permits. We have a broad range of experience in project development for both residential and commercial properties, as well as in the approval process for special properties and the realization of large-scale infrastructure projects.

Moreover, we develop practical and legally sound solutions for environmental issues, for example in connection with regulations on emissions, waste and wastewater, and soil protection. We have accompanied complex decontamination operations for building conversion and land recycling projects. In addition to the more traditional areas of corporate environmental law, our lawyers also focus on environmental information law as well as on product-related environmental and safety law. We support manufacturers and importers in fulfilling their statutory obligations and assist them with specific measures such as product warnings and recalls as well as fighting liability claims in court.

Our competences and services (examples):

  • Comprehensive advice on zoning and building regulations for developers and public entities;
  • Support with planning and approval procedures; negotiation of urban development agreements;
  • Advising project developers in connection with the development of their projects;
  • Advising municipalities in connection with the preparation of land use and development plans;
  • Public law due diligence in connection with real estate and corporate transactions.
  • Representation of project developers, neighbors and building permit authorities in review and appeal proceedings.
  • Assistance with approval procedures under emission control regulations.
  • Advice on approvals under water and waste legislation as well as on questions related to the remediation of contaminated sites and buildings.
  • Representation of manufacturers and importers in their dealings with market surveillance authorities and in court cases.

Please contact:
Wulf Clausen

As a competent and industry-specific law firm, HFK is well known and has an excellent network. We have years of expertise in this area and are always up-to-date on the latest developments. We are also familiar with rare and unusual constellations, and develop specific solutions within a range of possible options. With our goal-oriented advice and support, our clients can rest assured that, from a legal perspective, they are in a secure position and focus fully on achieving their business objectives.

Focusing on real estate, we successfully advise and accompany clients ranging from investors, project developers, real estate companies and owner-occupants/commercial tenants on economic and legal questions in order to find the best possible solution.

Our competences and services:

  • Comprehensive advice and support in the acquisition and sale of commercial and residential properties (real estate transactions);
  • Cleanup and restructuring of encumbrances on properties;
  • Legal due diligence;
  • Conception of contractual safeguards and land register entries designed to protect rights and claims;
  • Creation of complex condominium structures, in particular with regard to the marketability of individual units as well as for optimal profit;
  • Designing building leases;
  • Structuring larger real estate portfolios;
  • Preparation of legal opinions on all property-related legal aspects;
  • Representing clients in and out of court in the enforcement of, and defense against, disputed claims.

Please contact:
Dr. Christian Nunn and Patricia Schauss

In close cooperation with the real estate group, HFK advises clients who are landlords or tenants of commercially used premises. From traditional commercial lease agreements to triple net leases to real estate leasing, HFK always strives to get the best possible return from any property.
Our competences and services:
  • Design, negotiation and implementation of commercial leases (legal asset management);
  • advising on (commercial) leases “from the drawing board”, in particular, project management at the interfaces of the construction project;
  • Cost optimization;
  • Management of addenda and renewals to ensure the continued effectiveness of tenancies;
  • Revitalization/redevelopment/refurbishment (of existing properties);
  • Preparation of legal opinions on all tenancy-related legal aspects;
  • Representing clients in and out of court in the enforcement of, and defense against, disputed claims.

Please contact:

Patricia Schauss

Avoiding conflicts and litigation reduces cost risks. We advise architects and civil engineers on contractual topics with the goal of avoiding later disputes about fees, or claims for damages. We have experience in securing and enforcing fee claims (Fee Ordinance for Architects and Engineers; HOAI), know how to deal with questions relating to planning and construction defects, and can help protect copyright and know how.

Our competences and services:

  • Reviewing and designing agreements for a variety of planners;
  • Cost-controlling from a legal perspective;
  • Interface coordination between the various planners;
  • Monitoring and supervising the companies executing the work and the construction process from a legal perspective;
  • Protection of copyright and know-how;
  • New contract forms (multistage, multiparty agreements, etc.);
  • Complicated HOAI-related questions and legally sound arrangements for planner remuneration.
  • Representing clients in and out of court in fee disputes.
  • Acting as expert in copyright and fee questions.
  • Legal support through new contract models for public entities, such as in connection with the rehabilitation of public infrastructure.

Please contact:
Bernd Knipp

State aid law is primarily about the reliable avoidance of risks. HFK advises public agencies, institutions, and corporations to create legal certainty. Violations of EU state aid legislation can have severe legal and financial consequences. We identify risks as well as possible justifications in advance and advise clients on how to structure subsidies and other advantages in a legally safe manner. We advise and represent companies in enforcing their rights in order to eliminate distortions of competition.

Our competences and services:

  • Review of and advice on the structuring of subsidies and similar measures;
  • Support with the preparation and implementation of competitive tenders in order to avoid unlawful advantages;
  • Creation of legal safeguards for the relevant decisions;
  • Support with the realization of notification procedures;
  • Representation of companies in opposition proceedings before the EU Commission against measures in favor of competitors;
  • Representation of clients in and out of court in actions filed by competitors against measures in favor of there competitors.

Please contact:
Dr. Jörg Stoye and Wulf Clausen

Legal certainty, smooth, expeditious proceedings, and reasonable costs – these are the advantages of being advised by HFK. We advise and support sellers and buyers in real estate transactions including project developments, and in all questions related to real estate and tenancy law. We support institutional and private investors, family office investors, project developers, and special funds on commercial and residential projects as well as special properties. Moreover, our expertise includes the recording of real estate transactions in the land register with a special focus on moving things along quickly and cost-effectively.

Our competences and services:

  • Legal due diligence in real estate transactions;
  • Legal advice in connection with development projects giving special regard to financial requirements and risk prevention;
  • Agreements of purchase and sale in the form of acid or share deals, forward deals, or sale and leaseback transactions, including the establishment, acquisition, or sale of companies or their shares;
  • Project development contracts, general project coordinator and general contractor agreements;
  • Joint venture agreements and development projects;
  • Preparation of declarations of divisions and condominium bylaws;
  • Registration of land register guarantees (easements, land charges, building leases);
  • Advice on and support with financing agreements;
  • Steering of the transaction all the way to closing and continued support throughout post-closing;
  • Representation of clients in real estate-related litigation.

Please contact:
Dr. Christian Nunn and Patricia Schauss

In this practice area, HFK accompanies a wide variety of infrastructure undertakings as well as complex industrial and construction projects. We offer legal support with and safeguards for regional planning procedures and planning approval procedures as well as other permitting procedures, and we help clarify legal questions regarding plant operation.

We advise clients in structuring and carrying out said procedures, and point out risks and possible solutions early on. We support project developers and public authorities based on years of experience, for instance with new construction and the modification of infrastructure projects such as roads, railways, airports, ports, and utility lines (power, water, gas). In addition, the regulatory approval of plants such as industrial plants, power plants, wind farms, or mines plays a major role in our practice.

Our competences and services (examples):

  • Comprehensive legal support throughout planning approval procedures and other approval procedures for project developers and public entities;
  • Advise on questions related to plant approval and modification;
  • Support with the preparation and realization of environmental impact assessments and public involvement measures;
  • Representation of project developers and public authorities in litigation before the courts.

Please contact:
Wulf Clausen

HFK lawyers are experienced in supporting complex and high-profile infrastructure projects. These include the largest projects in Germany in the areas of road, rail, water, and air transport. With a well-established team that operates across all our office locations and practice areas, HFK provides comprehensive advise at the highest level. This ranges from the initial planning stages through to accompanying clients during the implementation phase on the one hand, and from specialized planning law to public procurement, construction contract, and real estate law on the other hand. Thanks to the way HFK has set up its organizational structures across its various offices, special teams can be assembled for swift intervention in urgent and time-sensitive cases.

Our competences and services:

  • Analysis and mitigation of planning risks;
  • Comprehensive support with planning approval procedures;
  • Management of required regulatory and political involvement and coordination procedures;
  • Planning of and support with public involvement;
  • Goal-oriented proactive public procurement and contract management;
  • Legal assessment and editing of complicated technical addenda or amendments during the construction;
  • Legally complicated court proceedings.

Please contact:
private law: Ernst Wilhelm
public law: Wulf Clausen

When it comes to protected heritage buildings, no two projects are alike. Individual solutions and creative approaches are often unavoidable. HFK has worked successfully in the legal field around the protection of heritage buildings and cultural monuments for decades and is one of the leading law firms in this area. We advise municipalities in the planning and implementation of strategies for the protection of heritage buildings as part of the overall urban planning concept. We also advise developers on how to deal with heritage buildings, the polluter pays principle, and excavation companies. HFK lawyers represent complex and difficult projects involving heritage buildings, support contracting entities, contractors, project managers, and planners throughout all phases in the realization of projects, and enforce claims under the Cultural Property Protection Act (Kulturgutschutzgesetz).

Our competences and services:

  • Assessing projects from a heritage protection law perspective as part of the due diligence;Examining the approved ability of projects under heritage protection law;
  • Advising clients on how to deal with protected buildings and monuments in urban development planning;
  • Identification of protected areas;
  • Drafting of investor agreements and contracts with excavation company;
  • Solution models for the distribution of costs under the polluter pays principle;
  • Handling of the subsoil risk related to archaeological monuments;
  • Conception for the procurement of prospecting services;
  • Preventing interference with protected buildings and monuments and their surroundings;
  • Advise and support with planning and building in heritage areas from a public procurement and contract law perspective;
  • Advice on subsidies for the preservation of heritage buildings and monuments.

Please contact:
Dr. Till Kemper

Information technology is of vital importance for companies; without functioning information technology, companies can no longer operate. This means they also have to protect themselves from a legal perspective. Development and sale, procurement and operation of hardware and software in the most varied areas raises a number of oftentimes complex interconnected legal questions. From IT infrastructure projects (for instance in the area of broadband or data networks) telephone systems and data processing/management in companies. Drawing from our broad range of experience, we develop sound legal solutions with a high degree of industry-specific precision. As a competent partner to our clients, we also keep up-to-date on the technologies in order to be able to provide pertinent advice.

Our competences and services:

  • Advise in connection with the drafting of agreements of any kind in the IT area (hardware and software/development agreements/purchasing/renting/leasing/maintenance);
  • Comprehensive support with public procurement projects of any kind in the IT area (e.g., data networks, broadband infrastructure, software procurement, content management systems, hardware solutions, campus management, cooperation models for public contracting entities);
  • Supporting clients with interdisciplinary project teams;
  • Advising clients on interface topics in IT (such as, data protection/privacy law, data security law, copyright law, etc.);
  • Advice on the use of EVB-IT contracts (contracts using supplementary terms and conditions for the procurement of IT services);
  • Litigation;
  • Internal and external professional development courses.

Please contact:
Dr. Benjamin Klein

Acting as adviser and external data protection officer, HFK supports companies and public administrations in questions related to data protection law. Together with the public procurement practice group, we advise clients in connection with the data protection law-compliant preparation and implementation of public tenders, or in connection with the submission of bids in compliance with data protection law.

Our competences and services:

  • Data protection and public procurement;
  • Agreements in connection with contract data processing and administration;
  • Advice on data transfer with in a corporate group;
  • Advice on and support with binding corporate rules;
  • Employee data protection;
  • Online data protection;
  • Preparation of data processing agreements, data protection in outsourcing
  • Big Data and business intelligence;
  • Drafting and reviewing of declarations of consent;
  • Appointment as external data protection officer;
  • Training in the area of data protection and privacy.

Please contact:
Dr. Benjamin Klein

When planning, building, and operating, but also when buying or selling, an industrial plant, a power plant, or other plant, there are complex legal requirements to be taken into consideration. We will clarify for you which legal requirements you must comply with in connection with your project, and we will work together with you to prepare the necessary applications and a concept for the approval procedure, and to liaise with the public authorities and third parties, in particular when it comes to public involvement.

We support you in managing and communicating with the planners, experts, and other stakeholders. We take a multidisciplinary approach to ensure that the economic and technical objectives and goals of a project are achieved in a legally sound manner. We considered our job to advise clients proactively and to contribute to the success of their projects.

Our clients are public enterprises, private companies, investors, and public authorities.

Our competences and services:

  • Approval procedures;
  • Environmental impact assessments;
  • Public involvement;
  • Monitoring procedures and procedures for imposing post hoc regulations;
  • Prohibition and closure procedures;
  • Public planning legislation;
  • Urban planning and building legislation;
  • Emission protection legislation;
  • Environmental and nature conservation legislation;
  • Legislation governing major industrial accidents;
  • Waste legislation;
  • Soil protection legislation;
  • Water legislation.

Please contact:
Wulf Clausen

HFK advises you in connection with urban land-use planning – for example for large industrial or business parks or other construction areas – and helps you prepare and implement regional planning procedures, land-use plans and zoning plans, in particular project and site development plans, as well as draft and negotiate urban-planning agreements.

We consult with you on the preparation and implementation of urban land-use plans, including the procurement of expert opinions, and support you with the management of planners, experts, and other stakeholders, the legal review of the required documentation, as well as in connection with public involvement. We advise you proactively and considered our most important task to contribute to the successful and legally sound conclusion of the process.

We also advise you in connection with the acquisition of required land, early possession-taking, expropriation and compensation procedures. Moreover, we represent you before the courts for instance in judicial review proceedings and other court disputes.

Our clients are municipalities, public enterprises, private companies, and investors.

Our competences and services:

  • Regional planning procedures;
  • Land-use planning procedures;
  • Zoning procedures;
  • Expropriation procedures;
  • Possession-taking procedures.
  • Urban planning and building law;
  • Emission protection law;
  • Environmental and nature conservation law;
  • Soil protection legislation;
  • Water legislation;
  • Protected heritage buildings and monuments;
  • Expropriation legislation;
  • Municipal law.

Please contact:
Wulf Clausen

We give you legal advice in connection with the preparation and implementation of complex planning approval procedures and other procedures for the approval of infrastructure projects, such as railways, roads, airports, and utilities lines. Not only do we assist you with the preparation and legal quality assurance of the planning documentation, but we also work closely with the competent authorities and project stakeholders to ensure that the documentation gets approved, and we assist with the conception of the processes and the individual process steps.

We advise on the involvement of public interest groups, environmental and nature conservation associations as well as the public in planning approval procedures, and on the implementation of the environmental impact assessment. We support our clients intensively with the preparation and quality assurance of responses to comments and objections and with the attendance of discussion forums.

Moreover, we will advise you in connection with the realization of the project for which the planning was approved, for instance in connection with the acquisition of land, early position taking, and expropriations, if necessary. We handle the proceedings and the negotiations regarding compensation. If necessary, we will also conduct the required court proceedings all the way to the highest federal courts.

Our clients are public enterprises and private companies as project developers, as well as investors and public authorities.

Our competences and services:

  • Regional planning procedures;
  • Planning approval procedures;
  • Environmental impact assessments;
  • Expropriation procedures;
  • Possession-taking procedures;
  • Public planning law;
  • Urban planning and building law;
  • Emission protection law;
  • Environmental and nature conservation law;
  • Soil protection legislation;
  • Water legislation;
  • Protected heritage buildings and monuments;
  • Expropriation legislation.

Please contact:
Wulf Clausen

In Berlin, we also offer notary services. Our experienced team handles all notary-relevant matters and ensures that everything gets processed quickly.

Our competences and services:

  • Real estate: property and condominium purchase agreements, developer agreements, division of properties into condominiums, creation of land charges, easements.
  • Corporate: establishment/conversion of corporations, share transfers, amendments of the articles of incorporation, annual general meetings, capital increases.
  • Inheritances and gifts: last wills and testaments, inheritance contracts, applications for probate, distribution of a deceased person’s estate, succession, in particular corporate succession, gifting and transfer agreements.
  • Provision: enduring powers of attorney, living wills, advance custody and healthcare directions.

Please contact:
Lawyer and Notary Michael Köhn

We design customized solutions for contracting entities and bidders in public procurement procedures and concessions. Our outstanding competence in public procurement law is backed by extensive industry knowledge and technical expertise. We accompany public procurement procedures, including in the areas of construction and real estate, IT, health, transportation, defense and security, as well as energy and infrastructure, and we advise our clients on all legal aspects in connection with the awarding and implementation of contracts. We are equally familiar with industry-specific legal and economic framework conditions as with the requirements under state aid and pricing legislation. Moreover, we have special experience in litigious disputes before public procurement tribunals and courts.

Our competences and services:

  • Assistance with procurement projects from the initial concept through to contract implementation;
  • Support for contracting entities in structuring the procedure, preparing the tendering documentation, and selecting applicants and bidders, as well as support with procedural documentation and with the assertion of contractual rights.
  • Advising of applicants and bidders in connection with their participation in public procurement procedures, assistance with the preparation of proper proposal documents, the structuring of bidding consortia and subcontractor relationships, as well as with the protection of rights vis-à-vis the contracting entity.
  • Litigious disputes before the public procurement tribunals, national courts, the European Commission and the EU courts.

References (examples)

  • Accompanied public procurement procedures for large-scale civil construction projects;
  • Supported public contracting entities in connection with comprehensive IT procurement projects;
  • Assisted health insurance funds in structuring their contractual relationships with service providers;
  • Advised transportation companies on their bids for public transit bids;
  • Advised industrial companies on their bids for defense contracts;
  • Advised municipalities on the awarding of easements and concessions for power and water lines.

Please contact:
Dr. Jörg Stoye

For over two decades, we have been advising clients on major rail transport projects. HFK companies large-scale projects throughout the entire process from planning approval and tendering to contracting and project realization. Aside from specializing in these areas, our law firm possesses superior competence in matters of technical detail and complicated project structures.

Our competences and services:

  • Identification of fundamental legal issues at the beginning of a project;
  • Comprehensive support throughout complicated and complex planning approval procedures as well as building permit applications for individual projects;
  • Developing a concept for the tender, and accompanying the tender in relation to planners, project managers, construction companies, experts, appraisers, etc.;
  • Advising public contracting entities comprehensively on the right type of procurement procedure, handling the procurement procedure on their behalf, and training clients for public procurement;
  • Advising and supporting clients throughout the construction phase with the objective of creating legal certainty with regard to costs, timelines, and quality;
  • Litigation and/or extra-judicial conflict resolution procedures for clients in cases where a dispute could not be averted during the roll-out of the project.

References

  • Various railway lines (high-speed lines including bridges and tunnels); renovation and/or new construction of train stations;
  • Procurement of technical equipment for railways.

Please contact:
Dietmar Hartnick

HFK has a reliable Germany wide network for road construction.

We know all market participants and advise contracting entities and contractors alike throughout all phases of road construction projects. Our experience includes complex planning processes and difficult geological conditions.

Whatever the problem may be, we have access to specialists either in-house or through our external pool of specialists.

One of our core competences is to provide comprehensive legal advice and support to public contracting entities as well as contractors in connection with complex road construction projects.

Our competences and services:

  • Legal due diligence with regard to the framework conditions of your project;
  • Comprehensive legal advice to public contracting entities in connection with the public procurement procedures and the structuring thereof;
  • Drafting of all conceivable types of contracts, including cooperative construction agreements, subcontractor agreements, PPP agreements, etc.;
  • Advised throughout the entire construction project and steering of all legally relevant project transactions;
  • Creation of legal safeguards for the decisions to be taken by the individuals responsible for the project;
  • Enforcement and protection of claims on behalf of the contractor, or averting such claims on behalf of the contracting entity;
  • Legal assessment and editing of complex technical addenda or amendments during the construction;
  • Handling of legally complicated court or mediation proceedings.

References

  • Various freeway and highway construction projects, but also construction projects for regional roads and municipal roads (support throughout the entire construction project, procurement, individual problems, etc.).

Please contact:
Dr. Florian Schrammel

Waterways are likewise an important part of the infrastructure with exacting maintenance and new construction projects. Hereto, HFK has valuable experience with large-scale projects. Time and again, clients entrust our law firm with tasks such as the provision of legal support for public procurement and contracting of new locks or the renovation of canal bridges.

Our competences and services:

  • Identification of fundamental legal issues at the beginning of a project;
  • Comprehensive support throughout complicated and complex planning approval procedures as well as building permit applications for individual projects;
  • Developing a concept for the tender, and accompanying the tender in relation to planners, project managers, construction companies, experts, appraisers, etc.;
  • Advising public contracting entities comprehensively on the right type of procurement procedure, handling the procurement procedure on their behalf, and training clients for public procurement;
  • Advising and supporting clients throughout the construction phase with the objective of creating legal certainty with regard to costs, timelines, and quality;
  • Litigation and/or extra-judicial conflict resolution procedures for clients in cases where a dispute could not be averted during the roll-out of the project.

References

  • Public procurement procedure for a lock construction project, including the structuring and drafting of the general contractor agreements;
  • Averting complex technical addenda or amendments during construction in connection with the excavation of a construction pit, concerning, in particular, the area at the bottom of the pit;
  • Legal review of accident and leakage cases in connection with bridge construction projects in waterways/canals.

Please contact:
Ernst Wilhelm

The steady growth and air traffic is of great importance for international relations. HFK advises on the foremost infrastructure projects in areas such as airport construction, runway construction and all types of capacity expansion projects.

References

  • New construction of airports and runways (Berlin and Frankfurt).

Please contact:
Bernd Knipp

Hospitals are among the most demanding construction projects. They have to be billed according to the latest standards, full of medical technology, and should be designed in accordance with the needs of patients and personnel. Therefore, it is important to find a balance between efficiency and optimum operation already in the planning phase. HFK has accompanied and successfully completed a number of hospital construction projects over the years. In general, hospitals are built as turnkey projects by a general contractor. This includes the entire medical technology (fixed as well as loose installations) as well as a complex range of mechanical services and security installations, and now also requires compliance with energy standards.

Our competences and services:

  • Drafting of comprehensive and resilient contracts;
  • Depending on the type of client: management of supplementary agreements taking into account the regulations governing subsidies and state aid as well as the applicable local laws of the respective state;
  • Legal support during the planning and construction phase;
  • Legal interface management;
  • Reporting;
  • If renovating an existing hospital: clear agreements on the risks arising from the existing structure that prevent ambiguities when it comes to billing;
  • For public clients: conception, legally sound structuring, and implementation of public procurement procedures.

References (examples)

  • Renovation of a hospital bed high-rise on the campus of a clinic in Berlin-Mitte;
  • Turnkey construction of a district hospital in Mecklenburg-Vorpommern;
  • Various clinics in Hessen and throughout Germany;
  • Legal support for a large military hospital project in Western Germany.

Please contact:
Ernst Wilhelm

Hotels, with some specific requirements, in particular at the interface between custom fit out, deliverables [FF&E (furniture, fixtures and equipment)], and the services of the construction companies who, in most cases, act as general contractors. In hotel construction, compliance with timelines is of utmost importance for the turnover of the building to the lessee.

In recent times, projects are mostly planned through BIM (Building Information Modeling). This has advantages for the later operation of the building (property and facility management).

Our competences and services:

  • Drafting of construction agreements taking into consideration the technical requirements of the future hotel tenant as reflected, for example, in the operating standards of Anglo-American hotel chains;
  • Legal monitoring of and support with contract implementation;
  • For hotel renovation projects: Stock-taking of the existing legal situation, and interface management;
  • When using BIM: More complex contract structures that allow for an integrative involvement of several parties for improved cooperation and transparency.
  • Advising on the use of BIM in view of new insurance models.

References

  • Various larger turnkey hotel projects (four and five star hotels) in Frankfurt, Munich and Berlin.

Please contact:
Ernst Wilhelm

We advise and support plant builders, owners, financing banks, and operators of technical plants throughout all stages of a national or international plant construction project. Given the significant damage and liability risk for all stakeholders, large-scale plant construction projects require a great deal of specialized legal knowledge. The complexity in the planning and construction of projects, be it in the area of energy supply and renewable energies, or in the realization of large industrial plants, requires well-structured and unambiguous contracts. It is of utmost importance that the performance scope and warranty catalog is defined with great precision.

Our competences and services:

  • Drafting the contractual agreement (in German and English) taking into consideration the special technical aspects (e.g., performance parameters) and the definition of liability and services;
  • Contract negotiation and support with negotiations during acceptance and through to the end of the warranty stage;
  • Support with and advise on approval and planning approval procedures;
  • Observation of plant construction-specific aspects, in particular with regard to customary liability limits;
  • Representation of clients in international and national arbitration and regular court proceedings (including investment protection agreements).

References

  • Advise clients comprehensively throughout projects in the area of energy supply (photovoltaics, onshore/offshore wind farms, biogas, geothermal energy, power plants, natural gas pipelines construction);
  • Provided legal support to clients in connection with the construction of industrial plants (chemical/pharmaceutical industry, automation/production technology, waste disposal plants, data centers, logistics centers);

Please contact:
Dr. Christian Nunn

In cultural projects, requirements go beyond functionality and aesthetics. Clients often also looking for symbolism, meaning and emotions. Cultural monuments or large buildings for cultural purposes are always a particular challenge for the advising lawyers, which requires an in-depth study of the subject matter and an analysis of the various sensitivities.

Our competences and services:

  • Liaising and negotiating with political and or cultural interest groups;
  • Special provisions covering copyright questions;
  • Developing a tender concept, support with the procurement proceedings, and comprehensive assistance during the execution of the project;
  • Communication with the media;
  • Corporation with and/or support of PR agencies.

References

  • New opera house in Hamburg;
  • Memorial in Berlin for the European Sinti and Roma murdered under National Socialism.

Please contact:
Michael Halstenberg

Infrastructure engineering is a particular specialty of HFK. Over decades of experience we have gathered a large amount of technical know-how in connection with infrastructure engineering projects such as bridges. We have successfully accompanied 50 tunnel construction projects and are aware of the multifaceted problems in connection with structural engineering (supporting framework), soil or mountain geology. We are familiar with the differences between a shallow foundation and a deep foundation, and we know what strip foundations are, and what special procedures jet grouting may require.

Our competences and services:

  • In the lead-up to the contract closing, we check the legal adequacy, and thereby soundness, of any expert reports that were obtained, for instance with regard to the building site, structural engineering, etc.;
  • We draft sound contracts or performance specifications aiming for a legally admissible transfer of risks; since this is difficult in light of the fact that the risk assessment cannot be controlled, we do so drawing from the company’s experience in as much as possible while also meeting the ordering entity’s performance specifications.
  • We perform legal appraisals of ground seepage, complications in tunneling, addenda and disputes during the construction stage.
  • We conduct complicated independent evidence-taking proceedings and court proceedings in connection with defects and cost overruns.
  • We work together fruitfully with engineers and technicians to ascertain the situation at hand.

References

  • Numerous tunnel construction projects for rail or road infrastructure;
  • Major bridge construction projects (rail, road, and waterway infrastructure);
  • Complicated roof structures, for example for sports stadiums.

Please contact:
Armin Heisiep

Civil engineering is the foundation of almost all construction projects. Whether someone is building a high-rise, road, subway, or single-family homes with a basement, civil engineering covers all construction work on and under the ground. The biggest challenge is the building site which, in most cases, has been surveyed only at certain points and can hold some unpleasant surprises for the developer. HFK has a lot of experience with these kinds of situations and offers solutions for every problem. We will find a way forward so that you can build on a legally sound foundation.

Our competences and services:

  • Comprehensive legal support with regard to
    • contaminated sites and other contamination issues;
    • discovery of ammunition and weapons;
  • Customized advice with regard to legal frameworks for
    • foundations of any kind;
    • excavation pits including various ways of executing the bottom of the pit;
  • Minimization of building side risks, or clear risk distribution;
  • Assistance at the interface between defect in the execution and unavoidable risks in case of accidents, ground seepage, etc.
  • Interdisciplinary collaboration with engineers in complex geological and/or technically complicated civil engineering projects;
  • Billing questions and issues coming up during the construction stage in connection with the earthwork.

References

  • Several large-scale projects involving building site addenda for construction pit excavations or foundations in connection with various technical processes for penetrating or stabilizing the building site, including soil improvement measures;
  • Legal support for a variety of bridge construction projects where a technical and legal dispute about the correct foundation type (shallow or deep foundations, board pile foundations, etc.) arises.

Please contact:
Ernst Wilhelm

The legal aspects involved in building tunnels are highly complex and can be complicated. At HFK, however, we are used to handling this challenge. We are leaders in this area and are considered the expert team for tunnel construction. Over the past 40 years, our law firm has successfully accompanied more than 100 tunnel projects in Germany and brought them to a successful conclusion. This includes high-profile projects in long-distance rail transport, subway lines, road tunnels, and tunnels for utilities.

We are familiar with all current tunnel construction methods, including open construction, the new Austrian tunneling method (NÖT), shield machine tunneling, blasting, etc., and act mostly, but not exclusively, on behalf of the contracting entity.

Our competences and services:

  • Drafting of legally sound contracts and billing procedures taking into account the changing tunneling categories (in the mountains) as well as the soil risks in general;
  • Combining performance targets and deadlines;
  • Legally sound and fair distribution of soil, building side, and tunneling risks;
  • Settlement of damages caused by the tunneling work, for instance to roads (in inner-city construction projects), with the authorities in charge of road construction, utility companies, and insurers;
  • Interdisciplinary collaboration with technically experienced civil engineering and tunnel experts and renowned construction experts in dealing with damages or delays.

References:

  • Successfully completed large-scale tunnel projects along the Cologne-Rhine-Main railway line, and the north-south-connection between Berlin and Nuremberg-Ingolstadt.
  • Various subway projects in Berlin, the Ruhr Region, and Munich.
  • Several road tunnels, including B31 Freiberg / Littenweiler.

More references can be provided upon request.

Please contact:
Dietmar Hartnick

Facility management is becoming increasingly important and complex for investments in the area of real estate. In connection with technical, commercial as well as infrastructural facility management, we advise clients in connection with the increasing use of technology in the properties under management, compliance with targets and standards across different legal provisions, proper conduct in dealing with employees and tenants, preparation of proper statements of operating costs as well as compliance with the essential elements of the specific regulations on contracts and proper delegation of operator’s responsibilities.
Our legal advice will give you the best possible protection and necessary security.
Our competences and services:
  • Support with the procurement of facility management services, and drafting of agreements;
  • Development of project structures and legal support for the project organization;
  • Advising clients on all questions related to commercial tenancy law;
  • Structuring and drafting of contracts, and accounting for operating costs and utilities;
  • Advising clients on hedging against risks by taking out insurance;
  • Legal advise on energy management, environmental construction law and other public construction law as well as on employee health and safety.

Please contact:
Dr. Florian Schrammel

The management of real estate portfolios is becoming increasingly important in connection with real estate investments. We therefore assist our clients by helping them optimize their portfolios from a contractual perspective, ensure the continuation of existing leases, and realize cash flow.

Our competences and services:

  • Advising on (commercial) leases, property management, asset management, and facility management agreements including administration of the properties;
  • Revitalization/redevelopment/refurbishment;
  • Real estate joint ventures between project developers and equity providers;
  • Representation of clients in court proceedings and extrajudicial proceedings.

Please contact:
Patricia Schauss and Dr. Christian Nunn

HFK advises and represents national as well as international investors in the purchase and sale of real estate (portfolios) and supports clients in their construction and real estate projects. We conduct legal due diligence and support all processes in the real estate transaction from contract initiation to its final implementation.

Our clients can rely on HFK’s many years of experience structuring, drafting and negotiating the necessary contracts and reviewing financing options.

Our competences and services:

  • preparation and steering of purchase and sale processes (data room, letter of intent, nondisclosure agreements);
  • Due diligence, including vendor due diligence;
  • Structuring, negotiation, and implementation of agreements;
  • Single tenant properties, sale and leaseback transactions, logistics, hotels;
  • Structuring and drafting building leases;
  • Loan agreements and project/acquisition financing securities;
  • neighborhood agreements, including the creation of safeguards in the land register, and subdivision of properties;

Please contact:
Patricia Schauss and Dr. Christian Nunn

Our services span all phases and aspects of project development, from reviewing and developing the initial project idea to its realization and all the way to the exploitation of the project, either by selling it or renting it out and managing the property. Our clients in this area include national as well as international project developers.

Our competences and services:

  • Advising and representing national and international project developers with a focus on real estate joint ventures between project developers and equity investors.
  • loan agreements and project financing securities;
  • Acquisition of properties (real estate transactions);
  • Obtaining the right to build;
  • Public procurement law;
  • Private construction law;
  • neighborhood agreements, including the creation of safeguards in the land register, and subdivision of properties;
  • Sale of properties (real estate transactions);
  • advising on (commercial) leases “from the drawing board”, in particular, project management at the interfaces of the construction project (asset management);
  • Representing clients in court and arbitration proceedings.

Please contact:
Patricia Schauss and Dr. Christian Nunn

Over the past years, real estate joint ventures have become increasingly popular. We focus in particular on joint ventures between project developers and equity investors that enable the project developer to create a sufficient capital basis for the realization of the project. For the equity investor, this model is likewise advantageous as it allows the investor to get involved in a project at the earliest possible point in time.

HFK always seeks to optimize the joint ventures and achieve the best balance between the interests of the parties involved.

Our competences and services:

  • Developing a concept for the corporate structures;
  • Integration of equity investors;
  • Conflict resolution;
  • Structuring the financing.

Please contact:
Patricia Schauss and Dr. Christian Nunn