Contracts in the Construction and Real Estate Industry
Component code / course code: MBW-BI-05.1
Semester: winter / summer
ECTS credits: 5
Lecture hours per week (SWS): 4
Lecturer: Prof. Dr. Dr. Geiger
Course Language: English
Prerequisites:
Basic knowledge of civil and public law, such as that imparted in a bachelor’s degree in economics, is required. Knowledge of property purchase law, tenancy law and real estate law is particularly desirable. At the beginning of the semester, students with a first degree in technical subjects are offered assistance in familiarizing themselves with the methodology of legal case processing, and appropriate introductory literature is provided.
Qualification objectives:
In the part “Contracts in the real estate industry”, students are given an overview of the most important legal and tax problem areas in the real estate industry along the life cycle of a property using original contracts and cases from practice. In addition to imparting and deepening knowledge, the focus is on sharpening awareness of the problem with regard to legal issues and learning the methodology of legal case processing. In the part “Contracts in the construction
industry”, contract types currently in use in the construction industry are presented using original and model contracts and their respective peculiarities and problem areas dealt with. In addition to an insight into the relevant types of contracts, important legal and practical problems in the construction industry are presented. The various contract variants for the construction of a property and their creation, e.g. in the tendering process, are explored and discussed with the students from a legal and economic point of view.
Course contents:
Contracts in the real estate industry:
- Land purchase agreements including the German condominium law, leasehold agreements, foreclosure law
- Loan and credit security contracts
- Commercial leases and management contracts for specialist properties
- Brokerage and developer contracts
- Open and closed real estate funds, REITs
- Selected tax law problems for real estate managers
- Urban development contracts
Contracts in the construction industry:
- Contracts according to German Construction Contract
Procedures (“VOB”) with reference to German Civil Code
(“BGB”) construction contracts and the preceding award
procedure - Construction joint ventures (JV) as special “BGB companies”
- General contractor contracts in their typical structural form
- Subcontractor agreements taking into account typical liability risks
- Planning contracts and the main features of the German
Fee Structure for Architects and Engineers (“HOAI”)
Teaching format (e.g. online/in person lecture/Seminar/Lab etc.): Lecture, case examples (also in group work), exercises based on practical cases, guest
lectures by external practitioners, self-study, excursion to visit a project
Examination type: Written Exam, 90 Min
