LAURA WENDEROTH
Lawyer
Specialist lawyer
Construction and architectural law
+49 751 8880–73
+49 751 8880–33
wenderoth@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.
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)
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.
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 in Frankfurt am Main
- State Examination in Law, 2014 in Frankfurt am Main
- Legal internship from 2014–2016 in Frankfurt am Main and Brussels
- Second State Examination in Law, 2016 in Frankfurt am Main
- Lawyer in Ravensburg since December 2016
Offices and memberships
- Member of the Ravensburg Bar Association, r.a.
LAURA WENDEROTH
Lawyer
Specialist lawyer
Construction and architectural law
+49 751 8880–73
+49 751 8880–33
wenderoth@wagner-rae.de