Defining work and payment in the contract
Construction requires clear terms on work, execution, timing and payment. I review drafts and variations against the intended project. Changes during construction need traceable instructions, scope and billing records.
Architects’ and engineers’ contracts also concern design goals, coordination and budgets. I consider design stages and communication. Actual obligations often emerge only from the contract and performance together.
Proving defects and pursuing the right remedy
For defects, I first examine the contract, acceptance and defect correspondence. Technical and legal assessment must align. Preserving evidence before alteration or replacement by another contractor can be decisive.
I explain which remedy fits your objective: repair, an advance, reimbursement of actual expense and damages are not interchangeable. Outstanding fees and counter-rights are assessed as well, so the dispute is not reduced to one invoice item.
Practical examples
These examples describe typical situations. The appropriate response depends on the facts of each case.
Documents for the initial assessment
Provide the contract, specifications, plans, variations, acceptance records, invoices and defect correspondence, with photos, expert reports and a chronology. Budget records and design versions are particularly important for overruns.
Frequently asked questions
Do you act for building contractors as well as clients?
Yes. I review and draft contracts, advise on variations and handle payment and defect disputes. Whether acting for a contractor or client, the starting points are the agreed scope, documented progress and commercial objective. I do not represent conflicting interests in the same matter.
What should be agreed before construction starts?
The works, deadlines, price, variation procedure, interim payments and security should be clear. If VOB/B terms are used, their valid incorporation needs checking. Unclear specifications and conflicting documents frequently cause later disputes over additional costs and responsibility.
Why is acceptance of the works important?
Acceptance has significant effects on payment, the burden of proof and the start of certain limitation periods. Known defects and necessary reservations should be recorded. I also assess whether acceptance can be required or is deemed to have occurred under statutory rules.
Can I immediately have another contractor fix defects?
Not without reviewing the circumstances. The responsible contractor generally needs an opportunity to remedy defects first. Section 637 BGB may allow substitute performance and an advance towards the costs. Document defects, deadlines and evidence before works begin; urgent cases may be treated differently.
The client has not paid my invoice. What can I do?
I examine whether payment is due, acceptance, the account and the objections raised. For variations, authorisation and the calculation basis are particularly important. This supports assessment of outstanding payment, security and court action while accounting for valid defect objections.
Who bears additional costs caused by delays?
A delay alone does not establish liability. Dates, causes, responsibilities and proven consequences matter. I review disruption notices, cooperation duties and progress records. Flat daily sums require a contractual or statutory basis.
When can an architect or specialist designer be liable?
This depends on the agreed design and supervision duties and a proven breach. I also examine budgets, warnings, technical causes and contributions by others. Not every cost increase or construction defect automatically creates liability for the designer.
How can evidence be preserved before work continues?
Photographs and records are a starting point but may not replace expert findings on technical issues. I assess whether a joint inspection, expert report or independent court evidence procedure is appropriate. Evidence should ideally be preserved before components are concealed or defects repaired.