Attorney at Law Till Heinz

In private practice of law since 1992; admitted as legal specialist for construction and architects law

E-Mail: heinz@reichard-heinz.de

 

Areas of practice concentration:

 

Private Construction Law

  • draft, negotiate and review construction contracts under the Civil Code (BGB) or Part B of the Public Contracting Awards Ordinance (VOB/B) in building construction and civil engineering, transportation construction
  • draft, negotiate and review english language FIDIC construction contracts
  • draft, negotiate and review manufacture-to-order contracts
  • draft, negotiate and review sub-contractor agreements
  • prosecute and defend demands for change orders to construction contracts
  • prosecute and defend warranty claims

 

Public construction law

  • clarify legal issues with regard to construction permitting or construction law dispositions
  • review duties imposed by authorities in connection with construction permitting
  • representation in protest proceedings
  • representation in proceedings before the administrative courts
  • neighbor rights protection in public construction law

 

Engineering law

  • review of contract awards under the Public Contracting Ordinances for Professional (VOF) and Other Services (VOL)
  • Draft, negotiate and review contracts for engineering services

 

Architects law

  • review public contract awards under the VOF or VOL
  • Draft, negotiate and review architect contracts
  • Draft, negotiate and review fee agreements under the Architects and Engineering Fee Ordinance (HOAI)
  • defend architect malpractice claims
  • defend claims for alleged breach of construction supervision duties
  • defend compensatory damage claims arising from appointment as safety and health coordinator (SiGeKo)

 

Legal counseling in connection with construction

  • legal counseling includes drafting, negotiate and review of all contracts and contract supplements related to construction from the planning stage through execution, inspection and acceptance and until warranties terminate

 

Systems and machinery construction

  • Draft, negotiate and review manufacture-to-order contracts in the area of plant and machinery construction.

 

Security deposits and surety law

  • review the validity of security deposits and suretyship agreements
  • Prosecute suits to enforce release from suretyship obligations
  • Defend suits to enforce suretyship obligations

 

Legal malpractice

  • prosecute and defend legal malpractice claims in the area of construction and architect law

 

Public contracting law

  • review contract awards decisions
  • representation before public contracting tribunals

 

Trial representation

  • regular representation at trials before all state and superior state courts (Landgerichten und Oberlandesgerichten)

 

Arbitration proceedings

  • representation in arbitration proceedings
  • review arbitration agreements and clauses

 

 

Publications

  • concerning contracts for prefabricated housing
  • concerning the use of private experts in construction litigation as well as commentary on the German Supreme Court  (Bundesgerichtshof) ruling of 27.01.2010 (Az.: VII ZR 97/08)
  • free-standing garden sheds not permitted
  • hourly fee agreements for architects and engineering services
  • construction contracting: claims of defect and refusal to accept delivery
  • construction contracting: freight costs of waste disposal to and from the construction project sites
  • construction contracting: errors committed in attempting self-help cure of defects
  • Architects law: limitations of actions