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Real Estate & Public

Germany

Comprehensive legal advice on real estate and public-sector matters

The Real Estate & Public practice is the biggest of its kind in Germany. It provides advice to the entire real estate and construction sector while also handling all issues involving the public sector. In doing so, the practice brings together all the relevant areas of law in a unique way.

In line with client requirements, the practice is divided into three sections:

  • Public
    Advice involving the public sector
  • Construction
    The entire project development value chain, including planning and construction
  • RealInvest
    Comprehensive legal advice in connection with real estate as an asset class

Our strength: a comprehensive approach

The advisers at CMS Germany regard Real Estate & Public as an integrated area of law, business and life. This way of looking at things distinguishes us both from the major international commercial law firms and from smaller firms with a narrower focus.
In line with this philosophy, complex matters are resolved by a team comprising specialist lawyers from different (or related) areas of law.

We also provide expert coverage of interdisciplinary fields such as corporate law, financing and tax, state aid, administrative and environmental law, procurement, competition, antitrust and copyright law.

For cross-border projects we assemble international teams in conjunction with our foreign offices, which are led by a designated contact person.

Broad-based expertise for a wide range of clients

We successfully advise national and international market leaders in the real estate sector and construction industry, small and midsize construction companies, property developers, architects, engineers and project managers.

Our references include public corporations, banks and insurance companies, in addition to big-name institutional investors and industrial enterprises. The practice's sector expertise is wide-ranging – from the real estate and construction industry, hotels, financial sector, energy, utilities and waste management operators through telecom service providers, transport and infrastructure companies to the pharmaceutical industry.

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    Real Estate & Public - Construction

    Our team excels in the development and management of large-scale real estate projects, from planning through implementation and sale to extracting value from the assets. We have many years' experience in dealing with all issues relating to the realisation of property and construction projects, including plant engineering, and with all aspects of project development.

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    Real Estate & Public - Public

    Our specialised team has many years of experience in advising investors, companies and the public sector on all practical aspects of issues relating to public law. We consider commercial aspects as well as the technical/scientific circumstances and requirements when handling projects and transactions.

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    Real Estate & Public - RealInvest

    Our team specialises in all matters related to real estate transactions. This applies to all aspects of the acquisition, sale and financing of properties, both in the context of share deals and asset deals. We also support our clients with regard to asset management of their property portfolios.

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    7 October 2019
    CMS European Real Es­tate Deal Point Study 2019
    04 Nov 19
    In­tro­du­cing the FID­IC Em­er­ald Book
    Earli­er this year FID­IC re­leased its new “Em­er­ald Book” – Con­di­tions of Con­tract for Un­der­ground Works. This ad­di­tion to the FID­IC suite seeks to fill a gap amongst stand­ard forms as a spe­cial­ist...
    October 2019
    CMS European Real Es­tate Deal Point Study 2019
    17 Oct 19
    Delay ana­lys­is un­der the mi­cro­scope: com­mon sense wins out over meth­od­o­logy
    A de­cision of an Aus­trali­an court last month has con­sidered the evid­en­tial re­quire­ments for prov­ing delay claims in con­struc­tion dis­putes. The de­cision com­ments on the rel­ev­ance of the 2nd Edi­tion of...
    June 2019
    CMS Real Es­tate & Con­struc­tion Glob­al Bro­chure
    11 Oct 19
    Quantum meruit claims after ter­min­a­tion: a chan­ging of the tide?
    A de­cision of the Hight Court of Aus­tralia earli­er this week has held that resti­tu­tion­ary claims on a quantum meruit (i.e. reas­on­able price) basis by con­tract­ors after the ter­min­a­tion of a con­struc­tion...
    October 2018
    CMS European Real Es­tate Deal Point Study 2018
    03 Oct 19
    In­ter­im meas­ures in Main­land Chinese courts in aid of Hong Kong-seated...
    On 1 Oc­to­ber 2019, the Ar­range­ment Con­cern­ing Mu­tu­al As­sist­ance in Court-ordered In­ter­im Meas­ures in Aid of Ar­bit­ral Pro­ceed­ings (the “Ar­range­ment”), con­cluded between China’s Su­preme People’s...
    08 May 18
    Green­field In­vest­ments in CEE 2018
    03 Oct 19
    Use of Dis­pute Boards: one of FIDIC's five Golden Prin­ciples
    FID­IC has re­cently pub­lished de­tailed guid­ance as to the five “Golden Prin­ciples” first in­cluded with the FID­IC 2017 suite of con­tracts. These prin­ciples seek to identi­fy lim­its to the types of amend­ments...
    29 Nov 17
    Glob­al In­fra­struc­ture In­vest­ments Op­por­tun­it­ies - CMS...
    25 Sep 19
    The next step in LIBOR Trans­ition: LMA is­sues Ex­pos­ure Drafts
    “[T]he use of... for­ward-look­ing term rates is meant to be lim­ited. These term rates can­not and will not be the primary av­en­ue to trans­ition [and] we think that any firms still delay­ing trans­ition un­til...