INDUSTRIES

Project Developers & Real Estate

We guide project developers, property developers and investors from land acquisition through construction contracts to exit, on solid legal footing and with an eye on the schedule.

How We Support Your Construction Projects

From the first acquisition review to handover to the investor, we cover the legal decisions that shape your projects.

Land Acquisition and Due Diligence

We review the land register, building encumbrances, contamination and site servicing, structure the acquisition as an asset or share deal and negotiate the notarial purchase agreement including its maturity and rescission mechanics.

Developer Agreements and the MaBV

We draft property developer agreements in line with the German Broker and Property Developer Ordinance (MaBV), secure the purchase price instalments through guarantees and align the declaration of division with the sales concept.

Construction and General Contractor Agreements

We negotiate general contractor and subcontractor agreements based on the VOB/B or the construction contract law of the German Civil Code, regulate deadlines, contractual penalties, change orders and warranty, and keep your securities enforceable.

Project Finance and Security

We accompany the financing from term sheet to loan agreement, negotiate land charges, guarantees and security packages and align them with the acquisition and the forward structure.

Forward Deals and Letting

We structure forward sale and forward funding agreements, interlock them with the construction contract and negotiate commercial leases with anchor tenants through to handover.

When the Project Crosses the Border

Foreign capital in German locations, German developers in foreign markets: we think in both directions.

German Companies Abroad

German developers building or investing abroad face unfamiliar land and permitting regimes.

  • Acquisition review and contract design under foreign property and notarial law
  • Coordination of local lawyers, notaries and experts through one central project team
  • Securing construction and general contractor agreements with foreign construction partners
  • Structuring cross-border financing and security arrangements
  • Rules on jurisdiction, arbitration and governing law

Why Developers Work With Us

Construction projects rarely fail on the idea. They fail on delays, disputed change orders and securities that do not hold when it counts.

  • We work along your milestones. Acquisition, financing and construction start interlock instead of blocking each other.

  • We test guarantees, land charges and contractual penalties for enforceability. What is on paper must also carry in court.

  • Acquisition, construction contract, financing and letting stay in one hand. You speak with the same partners who have known the project from the start.

  • Foreign capital, international construction partners, unfamiliar legal systems: we coordinate the parties involved and keep the contracts consistent.

Planning a project or about to acquire?

Bring us in early. We review the structure before the purchase agreement reaches the notary, and accompany the project through to handover.

  • Martin Neupert
    Martin Neupert
    Real Estate & Procurement Partner

Frequently Asked Questions from Project Developers

That depends on tax burden, liability and existing agreements. In an asset deal you acquire the land directly through a notarial purchase agreement; in a share deal you take over the shares in the property-holding company together with all its liabilities. We review real estate transfer tax, legacy agreements and the municipal pre-emption right and recommend the structure that fits your project.

The Broker and Property Developer Ordinance prescribes when and in what amount you may demand purchase price instalments from the buyer and which securities you must provide. We draft the agreement so that instalment plan, guarantees and construction progress fit together and sales can proceed on a sound legal basis.

Through clear deadlines with contractual penalty provisions, an orderly change order procedure and valuable performance and warranty securities. Whether the VOB/B or the German Civil Code construction contract is the better basis is a decision we take with a view to your role in the project.

A forward deal secures the sale before the building is finished and gives you early planning certainty for the financing. Purchase agreement and construction contract must be cleanly interlocked: in forward funding the buyer co-finances the construction costs, in a forward sale the buyer pays only on completion. We structure both variants and the handover mechanics that go with them.

Contact

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Maxfeld.legal

Rechtsanwaltsgesellschaft mbH
Leipziger Platz 21
90491 Nuremberg

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