Project control law - Lawyer Dusseldorf
We offer project-related legal advice and contract drafting for builders, investors, developers, project developers and project controllers.
In project control law, there are comparable but more specific regulation options than those offered by typical architect and engineer contracts.
Why hire a project controller?
A project controller takes over the tasks of the client. He is hired to manage a major construction project in terms of quality, deadlines and costs for the client.
The term "project control" is often used synonymously with the term "project management". However, this is not quite correct. In contrast to a project controller, a project manager usually has additional tasks with decision-making powers (more extensive powers and a higher liability risk).
What services does a project controller provide?
The AHO (the fee schedule for "project management services in the construction and real estate industry") lists five areas of activity for the service structure of project control:
A. Organisation, information, coordination and documentation (including other areas of action)
B. Qualities and quantities
C. Costs and financing
D. Deadlines, capacities and logistics
E. Contracts and insurances
However, which services are ultimately owed by the project controller depends on the individual agreement.
What is the legal character of a project control contract?
The legal character of a project control contract cannot be determined in a general or uniform manner. The classification as a paid agency, contract for work and services or contract for work and services also does not automatically result from the character of the agreed remuneration. Rather, the legal character depends on the concrete agreements made. The project control contract is a contract for work and services if one or more success-oriented tasks of the project controller within the meaning of section 631(2) BGB characterise the contract (OLG Naumburg, judgment of 11th of April 2019 - Case No. 2 U 41/18).