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Real Estate & Construction

Mission Statement

Real estate has its own laws. Investments in real estate usually involve substantial amounts, are subject to strict rules, and have long terms. Legal disputes are expensive. Tiny mistakes may have big consequences. These risks and challenges range from issues of civil law, corporate law, and tax law, up to key issues of environmental law, construction law and plant law, as well as financing, and are complex. Together with our clients we break new ground with innovative products, for instance in urban development. We support developers, institutional and private real estate investors, banks, construction companies, municipalities, brokers, and real estate funds in structuring and implementing their ideas and projects, as well as in enforcing their rights in and out of court. Our clients benefit from our approach to support the entire lifecycle of real estate projects in legal terms as a one-stop shop. In this context, you can rely on our in-depth knowledge of and long-standing practical experience in all of these areas, as well as on our ability to assess the requirements of every single project.

„High level of competence in finding solutions, the good network and the reputation.“
Chambers and Partners

Key Services and Practice Areas

Regional Planning and Building Regulations, Zoning 

  • Urban development contracts
  • Regional planning contracts

Large-Scale Projects

  • Structured handling of large-scale construction projects, in particular in the areas of residential and commercial construction, healthcare and tourism
  • Urban development projects
  • Shopping centers, DIY and specialty market centers, standalone solutions, logistics, waste management, raw materials industry
  • Hotel projects
  • Healthcare infrastructure projects, construction of hospitals
  • Development projects, including for multifunctional use 
  • Calls for tenders for infrastructure projects and of infrastructure operators including the drafting of contracts
  • Structuring and handling of PPP projects
  • Advice on and representation in environmental impact assessment procedures and other procedures under the Austrian Environmental Impact Assessment Act [Umweltverträglichkeitsprüfungsgesetz/UVP-G]
  • Project development and approval processes for industrial plants

Transactions

  • Real estate due diligence reviews
  • Structuring of real estate transactions
  • Share deals and asset deals
  • Acquisition financing
  • Sale and lease-back transactions

Project Development

  • Developer projects, contract law for real estate developers [BTVG]
  • One-stop-shop advice for project developers, enterprises, and investors
  • Site preparation
  • Public construction law and construction-related legal advice
  • Optimization of real estate in connection with partitioning, separating, and adding subareas
  • Construction law structures
  • Servitude contracts
  • Drafting of contracts
  • Side questions of civil law and corporate law

Construction Law

  • Construction contracts, general planning, general contractor, project management and other construction-related contracts
  • Architect contracts, planning contracts, contracts for work in the construction sector
  • Awarding of construction contracts
  • Construction process and defaults in performance / construction process during a crisis
  • Claims management
  • Tender procedures for complex services in the construction sector (for instance in connection with environmental reports and strategic environmental impact assessments)

Dispute Resolution

  • Construction-related litigation (arbitral proceedings and judicial proceedings)
  • Enforcement of civil-law claims (rent, remuneration for work, fees, warranty, damages)
  • Claims of neighbors (emissions, superstructures, rights in construction proceedings)

Condominium Ownership

  • Establishing of condominium ownership
  • Enforcement of condominium claims

Tenancy Law

  • (Commercial) Lease and tenancy agreements

Attorneys

Lukas Flener, Partner
Michael Hecht, Partner
Markus Kajaba, Partner
Patrick Andrieu, Attorney
Burghild Berger, Attorney
Michael Froner, Attorney
Florian Henöckl, Attorney
Sebastian Ksiazek, Attorney
Josef Peer, Attorney
Bernhard Scherzer, Attorney
Edda Unfricht, Attorney