- abante
Claims from public contracts
Advice and representation in disputes arising from public contracts
Contracts that are concluded as a result of procurement procedures are often complex and legally demanding. Disputes between contracting authorities and contractors can therefore arise, especially after the award procedure has been completed. Our law firm provides comprehensive support in resolving such conflicts and develops legally secure solutions.
Typical disputes arising from public contracts
Contract adjustment
Unforeseen circumstances may arise during the execution of the contract that make it necessary to adjust the contract. We advise and represent both clients and contractors in such cases:
- For clients: We check whether a requested amendment is admissible, in particular with regard to public procurement law requirements such as Section 132 GWB, and defend against unjustified claims for adjustment.
- For contractors: Enforcement of necessary changes, for example in the event of changed framework conditions or unforeseen additional services, and legally compliant drafting of supplementary agreements.
- abante | KONTAKT
Kontaktieren Sie uns!
- So finden Sie uns
- Hauptstandort Leipzig
-
Lessingstraße 2
04109 Leipzig
Deutschland
- Niederlassung Magdeburg
-
Hegelstrasse 39
39104 Magdeburg
Deutschland
- Niederlassung Berlin
-
Pariser Platz 6 A
10117 Berlin
Deutschland
- Kontakt
- Tel.: +49 341 238203 — 00
- Fax: +49 341 238203 — 29
- E‑Mail: info@abante.de
Price adjustment
Price changes during the term of a contract are a frequent point of contention, especially in the case of longer-term contracts or changes in market conditions:
- For clients: Defense against unjustified price adjustment claims that are not covered by the contract and ensuring that contractually agreed prices are adhered to.
- For contractors: Enforcement of price adjustments if contractually stipulated price adjustment clauses apply or exceptional circumstances arise.
Poor performance
If the contractor fails to provide the agreed service properly, numerous legal and practical challenges arise:
- For clients: Enforcement of warranty claims, contractual penalties or compensation for damages in the event of defective performance. We also advise on the question of whether and under what conditions it is possible to withdraw from or terminate the contract.
- For contractors: Defense against unjustified complaints or claims for damages and enforcement of claims for rectification or replacement delivery, if contractually agreed.
Refusal to pay
Disputes about payment are among the most frequent conflicts that regularly arise in connection with disputes about poor performance:
- For clients: Checking objections to payment claims, for example in the event of non-contractual performance, and legally secure retention of payments.
- For contractors: Enforcement of payment claims, including through legal action, and defense against rights of retention or unjustified reductions.
- abante | KONTAKT
Kontaktieren Sie uns!
- So finden Sie uns
- Hauptstandort Leipzig
-
Lessingstraße 2
04109 Leipzig
Deutschland
- Niederlassung Magdeburg
-
Hegelstrasse 39
39104 Magdeburg
Deutschland
- Niederlassung Berlin
-
Pariser Platz 6 A
10117 Berlin
Deutschland
- Kontakt
- Tel.: +49 341 238203 — 00
- Fax: +49 341 238203 — 29
- E‑Mail: info@abante.de
Our services
- Examination and assessment of the conflict: We analyze the situation comprehensively and provide a well-founded legal assessment of our client’s position.
- Strategy development: Together with our clients, we develop an individual strategy for the enforcement or defense of the respective claims.
- Negotiation and mediation: The aim is to resolve disputes as amicably as possible. We conduct negotiations with the other party and provide support in mediation proceedings.
- Legal representation: If a court case is unavoidable, we represent our clients in court with commitment and competence.
- Preventive advice: We help to avoid disputes in advance by drafting clear and legally compliant contracts and implementing efficient conflict resolution mechanisms.
Advantages of our support
- Expertise in public procurement law: Comprehensive knowledge of the special features of public procurement law that are relevant to disputes arising from public contracts.
- Holistic approach: Consideration of both the legal and economic interests of our clients.
- Efficient conflict resolution: focus on quick and cost-effective solutions.
- Customized solutions: Individual advice tailored to the specific needs of clients and contractors.
- Specialist lawyers for IT law and construction and architectural law: We are not only lawyers for public procurement law, but also for IT law and construction law, as these are among the most common categories of public contracts in which disputes can arise.
- abante | KONTAKT
Kontaktieren Sie uns!
- So finden Sie uns
- Hauptstandort Leipzig
-
Lessingstraße 2
04109 Leipzig
Deutschland
- Niederlassung Magdeburg
-
Hegelstrasse 39
39104 Magdeburg
Deutschland
- Niederlassung Berlin
-
Pariser Platz 6 A
10117 Berlin
Deutschland
- Kontakt
- Tel.: +49 341 238203 — 00
- Fax: +49 341 238203 — 29
- E‑Mail: info@abante.de