GRP Rainer LLP

Rights and Duties of a Building Developer

 

Cologne, Germany -- (SBWIRE) -- 06/04/2013 -- GRP Rainer Lawyers and Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Stuttgart, Bremen, Nuremberg and London www.grprainer.com/en explain: Both natural and legal persons can be considered as developers. Due to the developer’s responsibility for the commissioned building project, he is regularly subject to certain rights and duties which are established, in particular, by the contractual agreements with other parties involved in the construction. However, the developer’s rights and duties can also arise from the law and regulations. For instance, he has the duty to ensure that the construction site is orderly and to coordinate the collective efforts of the different parties involved, so that it is ultimately possible for the building contractor to carry out the building project smoothly.

Due to the developer’s responsibility for the building project, it is also incumbent on him to maintain the safety of the premises, as it creates to some extent a safety risk for third parties or the developer allows this to remain within his area of responsibility. He is free, however, to transfer the duty to maintain the safety of the premises to others, for example architects or building contractors, such that he is not completely absolved from this duty, yet he is then only responsible for checking and monitoring the appointed person. That means if the developer has doubts or should have recognised the dangers, then it is possibly of no help to him that he transferred the duty to maintain the safety of the premises. In this respect, it is also irrelevant how qualified or experienced the person is.

Construction law is a very complex topic, particularly because of the distinction between public and private construction law. The relevant standards are found in different laws and this presents the layman with a particular difficulty. When drawing up contracts to produce a work and preparing and implementing building projects, it is best to be advised by a competent and experienced lawyer with a detailed knowledge.

About GRP Rainer LLP
GRP Rainer LLP http://www.grprainer.com/en/ is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices Cologne, Berlin, Bonn, Dusseldorf, Essen, Frankfurt, Hamburg, Hannover, Munich, Stuttgart, Bremen, Nuremberg and London UK.

Contact Michael Rainer
Lawyer, Managing Partner
GRP Rainer LLP
Hohenzollernring 21-23
50672 Cologne
Germany
Phone: +49 221-27 22 75-0
info@grprainer.com
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