Real Estate & Construction
Partners of the building & construction sector in Germany
WINHELLER Attorneys at Law & Tax Advisors advise and represent architectural offices, civil engineers and building firms in all of their legal and tax needs. In doing so, we place emphasis on an integrated support service and forward-looking advisory.
Protection of construction plans
Your construction plans enjoy copyright protection. Any unauthorized implementation in a structure constitutes a reproduction, which you can prevent or for which you may claim a reasonable license fee as compensation under the "license analogy." We assert any necessary building freeze for you as well as claims for damages against the infringer. In the same manner, we protect your trademark rights and your other business designations on a national and international basis, as required.
Defense in construction defect litigations
Should a claim be made against you because your plans were allegedly defective, our experienced trial attorneys will defend you. In many cases, any impending liability may be averted through out-of-court negotiations. We are also dealing with your liability insurer in this context.
Clarification of issues regarding the Fee Structure for Architects and Engineers (FSAE)
The amended version of the German Fee Structure for Architects and Engineers (FSAE) entered into force on August 18, 2009 and included a number of changes: The maximum limit of the fee to be permissibly assessed depends on the classification in the correct fee structure, the chargeable construction costs determined, the service phases covered by the contract as well as the subsequent determination of the correct fee table. We clarify any FSAE matters for you already during the preliminary stages in order to prevent any unnecessary subsequent litigation on fee issues.
Contractual relationships to developers and subcontractors
Construction companies are frequently subject to a wide range of contractual relationships. In complex construction projects and transnational projects, carelessly drafted contracts can lead to substantial economic burdens. Our attorneys always attend to contract issues with the necessary diligence and thus contribute to your planning certainty. In the event of a dispute, we are committed to representing your interests, if possible through out-of-court negotiations, if necessary by trial.
Advice on tax law, corporate law & labor law
Our team also clarifies your tax issues with which you are constantly confronted. If you are working internationally and, for example, are licensing your architectural plans globally, we are happy to point out opportunities to you to save taxes through reorienting of your business model. If you want to establish a separate legal entity (such as GmbH, AG, foreign legal form, etc.) in order to limit your personal liability, we will provide you with advice on the form best suited for you and will handle the establishment for you. In this connection, we also assume responsibility for the preparation, adjustment and termination of employment relationships for you. We also assist you in developing a remuneration model, which promises the company the greatest benefits in the long term.