DR. JUR. ANDREAS MAIER-RING
active as partner & lawyer until December 31, 2023
formerly worked in
Banking and capital market law
Construction and architectural law
Administrative law
+49 751 8880–71
+49 751 8880–33
I have been advising my clients in professional cooperation with Dr. Marcus Merkel since 2012. His expertise and qualifications have always made an indispensable contribution to solving my clients’ cases. Due to our intensive and long-standing cooperation, I can express both my absolute trust in Dr. Marcus Merkel and my unreserved recommendation. Dr. Merkel took over my department on 1.1.2024 and will be happy to assist you with your concerns.
Dr. Marcus Merkel is available to answer any questions you may have.
(Please contact Dr. Marcus Merkel via the contact options below if you have any questions or concerns).
DR. JUR. MARCUS MERKEL
Partner, lawyer
Specialist lawyer
Construction and architectural law
Administrative law
+49 751 8880–71
+49 751 8880–33
merkel@wagner-rae.de
Fields of expertise
In the construction sector, rising technical standards and legal requirements lead to a clear increase in the services of architects at the planning and execution levels. Both contractors and clients find themselves exposed to an increased number of interface risks that endanger the successful course of projects. This potential for conflict can be defused: forward-looking legal advice and contract drafting create a safe project basis for all parties.
We offer you advice in all matters concerning agreements with architects, engineers or project managers. You can rely on the construction-related expertise and legal foresight of our experts in architectural law in the negotiation, drafting and reviewing of contracts. We support typical problems such as remuneration and liability issues from the draft agreement to supplementary agreements in a solution-oriented manner. In doing so, we always follow the practical and economic requirements of construction work; we prefer timely avoidance of conflicts and the extrajudicial settlement of conflicts of interest wherever possible. Our firm is authorised for the mediation of construction matters and also represents you in arbitration proceedings in a legal capacity.
Our key services in architectural law
- Advice on contractual issues, especially on:
- the formation and termination of the contract,
- the potential invalidity of the contract, as well as the reviewing of violations against legal provisions
- the scope of services and precise details of the contract
- replacement orders
- Advice on remuneration matters, especially in relation to:
— remuneration bands and remuneration rates
— the service phases
— the arrangement of a flat fee or hourly fee
— the minimum and maximum rates of the HOAI
— the chargeable costs of a construction project
— the possible arrangement of a performance fee
— all special issues concerning remuneration, especially in the case of planning changes or a rejected planning application
— the final invoice and maturity of the claim
— any action for the recovery of fees submitted by the architect - Advice on liability issues, including the judicial and extrajudicial representation of architects, engineers, project managers and their liability insurers
Urban development planning notably includes formal and content-related requirements in the process of drawing up the plans, the procedure, the possibilities for participation and legal protection, as well as the implementation and safeguarding of the planning. Sectoral planning law covers the planning of spatially-relevant projects such as roads and motorways.
Planning law particularly involves conflicts concerning pollution control laws in urban development planning (such as noise associated with sports, leisure activities, industry and traffic), environmental considerations (especially nature conservation issues) in specialist planning (such as in planning permission for roads or airports), as well as the relationship between construction planning and trade laws (such as the licensing law legitimacy of entertainment facilities).
We advise private individuals, businesses and communities on the entire planning process.
Hardly any legal field is currently subjected to as many changes as banking law. The speed of the digital revolution hasn’t stopped at the financial system. New transaction technologies and stricter regulations keep financial service providers on their toes. Consumers are faced with increasingly complex financial issues and products. And the legal challenges grow especially for businesses active on the capital market.
We advise banks, savings banks, independent investment advisors and investment brokers on all matters concerning banking law, be these regulatory, organisational or operational issues. As a private individual, we support you in the processing and guarantee of loans, or by reviewing claims for damages in the case of illicit investment advice. Our solicitors in banking and capital market law assist you with effective solutions; from extrajudicial negotiation up to representation in lawsuits.
Our key services in banking and capital market law
- Matters of collateral for loans (land charges, mortgages, guarantees, etc.)
- Settlement of payments (cheque transactions, EC cards, Internet banking, credit cards, credit transfers, etc.)
- Types of loans and loan agreements
- General terms and conditions of banks
- Problems with investment advice, including obligations to provide clarification and information
- Settlement of failed investments
Company law-related matters, such as those that arise in the founding, reorganisation and dissolution of businesses, have long played a central role in our day-to-day counselling practice. Experience makes the difference: processes in business development are complex and require special knowledge of both the legal and economic relationships.
Through specialist lawyer-related specialisation in commercial and company law, as well as further relevant legal fields, you are in good hands with us as a business owner in every respect. Our firm fully supports you in all legal matters of business development and operational day-to-day business. We represent you both extrajudicially and in judicial proceedings.
We even support you in the purchase and sale of commercial transactions, businesses and shareholdings, as well as in the procurement of capital. We are also happy to assist you in Commercial Register registration and deregistration formalities.
Our key services in company law
- Advice on choice of legal structure and company incorporation
- Advice on structuring matters related to incorporated companies (GmbH, AG) and partnerships (GbR, StGes, OHG, KG)
- Assistance in processes of transformation (restructuring and reorganisation through mergers, splitting, changes in legal form or transfer of assets)
- Amendments to bylaws
- Notarisation of shareholder resolutions
- Advice on capital measures and initial public offerings, acquisition and divestiture of company shares
- Liquidation and dissolution of the company
- Registration in the Commercial Register and Register of Associations
- Commercial Register powers of attorney
Globalisation and digitisation have immensely changed the requirements in trade. Intensified competition, worldwide movement of goods and data, as well as complicated legal frameworks require carefully designed distribution systems and contractual arrangements. We help our clients to compete on the dynamic markets, to act in compliance with the law, and to successfully further develop their business models.
From our day-to-day work, we know the processes in commercial enterprises in many different sectors and identify with the economic objectives of our clients. Our specialist lawyers in commercial and company law are experienced practitioners who are both familiar with the purchase and supply relationships between businesses at different trade levels and with those of end customers.
We support you with competent advice throughout the entire value-added chain, undertake contractual arrangements, assert your claims or defend against unjustified claims. Depending on the issue, our specialised lawyers in antitrust, trademark and competition law, as well as those in IT law and data protection, are happy to be at your disposal.
Our key services in commercial law
- Advice on the building, expansion and restructuring of distribution systems
- Drafting and settlement of distribution contracts (agency contracts, distributor agreements, franchise contracts)
- Licensing agreements, cooperation and quality assurance agreements
- Procuration and powers of attorney
- Drafting and reviewing of general terms and conditions, conditions of purchase and terms of delivery
- Advice and representation in warranty and liability issues
- Defence against and enforcement of claims (acceptance criteria, liability for defects, product liability, contractual penalties)
Pollution control law is one of the core legal fields of environmental protection. Pollution includes actions on people, animals and plants, soil, water, the earth’s atmosphere, and culture, as well as other airborne contaminants that act on material goods, noise, vibrations, light, heat, radiation and similar environmental impacts.
Pollution control law has the objective of reducing potential harmful influences on humans and their environment through hazard control and preventive measures.
Our key services in pollution control law
- Support in the context of pollution control law-related approval procedures
- Representation in regulatory and judicial proceedings
- Advice and representation for pollution control law-related effects on third parties such as neighbours
- Representation of neighbours in defence against pollution control law-related effects, such as noise, smell, exhaust fumes, radiation, etc.
Our firm is specialised in all matters concerning real estate that may arise. Regardless of the need for legal counsel in construction, acquisition, sale, renting or leasing of real estate, or for legal counsel in connection with brokerage activity in the area of real estate management, we give you comprehensive advice. Due to the possibility of acting in a legal representative or notarial capacity for you, we can help you in the area of real estate law in every respect. Our firm therefore supports and executes the division of property in condominiums or divisions resulting from new boundary surveys.
Our firm also assists you in matters of foreclosure proceedings and enforcement in real estate, in the commissioning of land charges and mortgages, as well as in all matters of safeguards of rights to real estate.
Insolvency law involves substantive and procedural legal territory in regard to the rights of creditors in the case of an inability to pay on the part of a debtor.
We support insolvency applications and restructuring talks with banks, advise and represent in cases of appeals against insolvency, bring lodgements of claims to the table, and pursue the enforcement of claims for segregation and preferential payment. We also represent managing directors and shareholders against claims by creditors and/or the insolvency administrator, but also represent creditors in such cases.
Due to globalisation, the number of contracts concluded across borders is continuing to increase. Even in the case of other matters involving foreign countries, the question arises of whether domestic or foreign law applies. Also to be established is in which country a hypothetical claim is to be filed. With in-depth knowledge of international regulations, we make it possible to enforce your rights abroad.
Our key services in private international law
- Advice on which law applies to the situation
- Establishment of your claims according to international regulations (such as the UN Sales Convention; CISG)
- Support in the enforcement of your rights in international legal transactions
We advise our clients on all matters of investment and capital market law.
Alongside extrajudicial advice and extrajudicial negotiations, we also handle lawsuits before the responsible courts. In doing so, we always take your economic concerns into account along with the legal concerns.
Our key services in investment law
- Prospectus liability
- Intermediary liability
- All legal problems of the so-called grey capital market
- Investment brokerage and advice
- Securities trading
- (Atypical) silent partnerships
- Combined financing models, etc.
A cartel is an arrangement or concerted practice between businesses with the goal or the effect of restricting, distorting or preventing competition. A functioning economy is dependent on the guarantee of free competition and the prevention of abuse of market power.
Our core advisory services in antitrust law
- Legitimacy of selective distribution systems
- Existence of an obligation to enter into a contract under the so-called essential facilities doctrine
The activity of a broker is focused on bringing about the conclusion of a contract between two other people as an intermediary, whereby only successful brokerage activity triggers remuneration claims. Different kinds of brokerage activity exist, for example housing brokerage, property brokerage, loan brokerage, employment brokerage and the like.
Legal regulations differentiate between two kinds of broker, namely the so-called referral broker and the intermediary broker.
We offer you advice as a broker or customer of a broker on all issues concerning the drafting and conclusion of a brokerage contract. Alongside intensive counselling and extrajudicial negotiation, we of course also handle lawsuits for you.
Our key services in brokerage law
- Content-related design of brokerage contracts (exclusive commission, qualified exclusive commission)
- Effectiveness of individual contractual clauses
- Conclusion of the contract
- Incurring of the commission
- Forfeiture of the commission
- Reservation agreements
The activity of a broker is focused on bringing about the conclusion of a contract between two other people as an intermediary, whereby only successful brokerage activity triggers remuneration claims. Different kinds of brokerage activity exist, for example housing brokerage, property brokerage, loan brokerage, employment brokerage and the like.
Legal regulations differentiate between two kinds of broker, namely the so-called referral broker and the intermediary broker.
We offer you advice as a broker or customer of a broker on all issues concerning the drafting and conclusion of a brokerage contract. Alongside intensive counselling and extrajudicial negotiation, we of course also handle lawsuits for you.
Our key services in brokerage law
- Content-related design of brokerage contracts (exclusive commission, qualified exclusive commission)
- Effectiveness of individual contractual clauses
- Conclusion of the contract
- Incurring of the commission
- Forfeiture of the commission
- Reservation agreements
A dispute during construction generally costs a lot of money and considerably delays the construction process. Since the preparation of surveys and court proceedings also takes quite a long time, arbitration in construction matters presents a sensible solution. On the basis of a conciliation agreement, you can request the implementation of arbitration proceedings from the parties involved in the dispute. The arbitrator decides through an arbitration that is binding for the parties.
The solicitor Dr. Maier-Ring is qualified to act as an arbitrator due to his specialist background in construction and architectural law. He is a registered arbitrator in accordance with the Arbitration and Conciliation Rules for Disputes in the Construction Industry (SoBau).
Our firm of course also undertakes negotiations on your behalf as a unilateral stakeholder in arbitration proceedings.
Work and services contract law has been a key area of specialisation of our firm for many years.
We offer you advice in all areas of private and public construction law. Alongside advisory services, we also handle proceedings for taking of evidence as well as all other legal disputes.
Our key services in work and services contract law
- Drafting and reviewing of construction and architect contracts
- Assessment or enforcement of warranty claims and claims for the correction of faults
- Defence or enforcement of claims for abatement and damages
- Settlement of compensation disputes
The concept of business law is not uniformly defined. It nonetheless covers the entirety of standards that restrict and guide self-employment in industry, commerce, craft trades, agriculture, transport and liberal professions.
We advise and represent you both extrajudicially and in court proceedings in all matters considered here. We especially attempt to develop solutions prior to litigation, so that disputes do not arise. If these have nonetheless already arisen, we also represent you before the authorities to achieve the best possible outcome for you.
Civil law governs the legal relationships between private individuals and businesses. Regulations on civil law are notably found in the German Civil Code (BGB). Various special regulations also exist, such as in the German Commercial Code.
We enforce your claims out of court and represent you in judicial proceedings, to obtain a so-called title (such as a ruling). In cases of foreclosure, we help you to successfully enforce legally established claims.
Our key services in civil law
- Right to impose contractual and legal obligations, especially general contract law, sales law and work and services contract law
- Right to claim for compensation in rights violations arising from unlawful action (in the case of damage by third parties)
- Right to the return of assets (unjustified enrichment, claims for surrender of ownership, etc.)
- Claims for the removal or omission of damages (such as in the case of defamation or neighbour law)
Professional background
- Studied law at the Universities of Konstanz and Tübingen
- State Examination in Law, 1984 in Tübingen
- Legal internship with Baker McKenzie, Sydney/Australia
- Second State Examination in Law, 1985 in Stuttgart
- Promotion to Dr. jur., 1986 in Tübingen
- Lawyer since 1986, partner in Ravensburg since 1988
- Specialist lawyer in administrative law since 1995
- Specialist lawyer in construction and architectural law since 2006
- Specialist lawyer in banking and capital market law since 2009
Offices and memberships
- Member of the Specialist Lawyer Examination Board for banking and capital market law of the Bar Associations of Freiburg, Karlsruhe and Tübingen
- Member of the Working Groups on Banking and Capital Market Law, Construction and Real Estate Law, and Administrative Law of the German Bar Association
- Member of Die Familienunternehmer, r.a.
- Licensed arbitrator of the German Sailing Federation
DR. JUR. ANDREAS MAIER-RING
active as partner & lawyer until December 31, 2023
formerly worked in
Banking and capital market law
Construction and architectural law
Administrative law
+49 751 8880–71
+49 751 8880–33