Construction Law

In Austria, the law on building and spatial planning is regulated differently in most provinces, even if the basic principles are often very similar. We, as a law firm in Wels advise you regarding the construction- and spatial planning laws of all Austrian provinces. We also support you regarding construction contracts, on questions regarding Austrian Norms and Standards (in particular ÖNORM B 2110) and other building law agendas. These may be questions in connection with construction management, with the enforcement or defense of warranty claims or claims for damages, or in regard to the preparation or completion of a construction of a building. We also have extensive experience in asserting rights of landowners e.g. towards ASFINAG.

Our law firm in Wels, as well as the attorney at our partner office in Vienna is at your disposal for advice and contract preparation for a purchase of land, for agendas during the construction phase, and also after completion of buildings, such as leases,

For handling of matters abroad, we can assist you to find a suitable legal representation through our networks (German lawyer list, LNA Europe, LNA USA).

Examples of our activites are:

Advice and representation at regional planning procedures, such as in the case of changes to a zoning plan or to a development regulation (for example regarding regulations in the course of flood protection), in the case of a building permit approval and order procedures. Enforcement of rights in the event of construction defects.

Advice for builders and contractors: e.g. for the drafting of a contract, the enforcement of claims, the defense against unjustified or excessive demands, examination of contracts, providing information about the effects of clauses – be it the inclusion of terms and conditions or standards, or their exclusion. We as a Wels law firm are happy to help you also in disputes or settlements with neighbors. We further assist you in the process of obtaining construction-and trade licenses or in raising objections to a planned construction project.

We also provide clients with legal opinions in the sector of construction law – mostly such refer to the height and bearing of construction work. Such issues are often subject of litigation. A precise analysis of which activities are covered by a contract, and which measures are to be provided under a guarantee, or whether these are additional works to be remunerated, is mostly necessary. In many cases, the obligation to minimize damages is also the subject of a dispute, i.e. the obligation to take precautions against an increase in damage, which may also include cost-related restrictions with regard to the choice of the type of a damage repair.