Dr. Thomas Berg is a member of the Construction Law and Administrative Law working groups of the German Lawyers’ Association (www.arge-baurecht.de and www.anwaltverein/de.ueber-uns/arbeitsgemeinschaft/verwaltungsrecht).
and attorney of confidence of the Centralvereinigung deutscher Wirtschaftsverbände für Handelsvermittlung und Vertrieb (CDH www.cdh.de)

Vita

• Year of birth: 1966
• 1st state examination: 1991
• 2nd state examination: 1997
• Doctorate: 1994 with dissertation on the topic “Standard of Proof and Burden of Proof in Public Environmental Law
• Admission to the bar: 1997
• Specialist lawyer for administrative law since 2001
• Specialist lawyer for building and architectural law since 2006
• Specialist attorney for tenancy and residential property law since 2013

Main focus

Since joining the law firm in 1997, the focus of his work has been on assisting clients in all matters relating to real estate, whether in or out of court. This starts with the acquisition and ends with the resale of developed or undeveloped real estate. Dr. Thomas Berg advises on the drafting and formulation of purchase agreements and reviews such agreements.

He also supports his clients in disputes with brokers and advises brokers vis-à-vis their clients. This starts with the drafting of the contract and ends with legal proceedings.

Furthermore, Dr. Berg advises, if necessary in cooperation with architects and experts, on questions of the feasibility of certain building projects with regard to building planning and building regulations and conducts the necessary discussions for his clients with building authorities and municipalities and, if necessary, also with other authorities, insofar as, for example, projects are concerned which require approval under property protection law. He also accompanies his clients in the negotiations with the neighbors of the future building project, which are often necessary at this stage, and also represents these neighbors in the discussions with those wishing to build.

This is followed by his supportive work in the drafting and negotiation of architects’ contracts and building contracts. In view of our balanced client structure, Dr. Berg works both for public (municipal) and private clients and project developers, as well as on the side of contractors, such as architects, general planners, general contractors and work contractors.

Another focus of his activities is the support and consulting of municipalities, especially in all questions concerning construction and real estate. Here, Dr. Berg advises, for example, on questions of public procurement law, civil construction law, but also on all public law issues. For example, he drafts urban development contracts for the realization of larger projects, both for project developers and for cities and municipalities. Dr. Thomas Berg supports his clients in the preparation of urban land use plans as well as in their defense in proceedings for the control of norms. However, he also represents affected citizens and investors who feel that their rights have been impaired by construction projects or development plans.

In the course of the realization of construction projects, he represents clients and contractors in dealing with defects and dealing with supplements.

Finally, Dr. Berg advises our clients on the conclusion and drafting of lease agreements. The focus of his work is in the area of commercial tenancy law. However, I also represent both tenants and landlords in matters of residential tenancy law. Furthermore, both tenants and landlords are assisted by me during the tenancy relationship in all problems arising there, such as necessary amendments to the contract, drafting of addenda, any disagreements between tenant and landlord, up to and including termination and the tenant’s move out.

If there is a partition according to condominium law, his clients are advised by him on all questions of condominium law arising here. In doing so, Dr. Berg represents individual owners as well as owners’ associations and property management companies.

His activities in all of the above-mentioned areas also include problems arising from the insolvency or bankruptcy of one of the parties involved.

Excluded from his advice “around the real estate” are only family and inheritance law issues on the one hand and tax law issues on the other hand. With regard to tax law issues, our colleague Dr. Wieland will be happy to assist you, and with regard to all questions of family and inheritance law, our colleague Dr. Landzettel.

Field of activity

In addition to the aforementioned real estate services, Dr. Thomas Berg supports his clients in all matters of contract law and public law, in particular planning law (construction of roads, railroads and airports), environmental law, law on contaminated sites and immission control, municipal law and civil service law. Furthermore, he has been active in distribution and commercial agency law for many years. Here, Dr. Berg drafts appropriate contracts for entrepreneurs as well as for commercial agents or sales partners and supports them in the enforcement of claims during a contractual relationship or after its termination. In this respect, Dr. Berg cooperates as a lawyer of confidence with the Central Association of German Commercial Agencies and Distribution (CDH).

Fields of Law:

• Public Law
• Civil building and architectural law
• Real estate, brokerage and condominium law
• Contract law
• Commercial agency and distribution law

Publications:

• Steinberg/Berg, Das neue Planungsvereinfachungsgesetz, NJW 1994, S. 488 ff.
• Beweismaß und Beweislast im öffentlichen Umweltrecht, Nomos, Baden-Baden 1995
• Steinberg/Berg/Wickel, Fachplanung, Nomos, Baden-Baden 2000, 3. Aufl.
• Berghäuser/Berg, Wohnungsnahe Verbraucherversorgung oder großflächiger Einzelhandel – Ein Plädoyer für eine dynamische Betrachtungsweise, Baurecht 2002, S. 31 ff.
• Berghäuser/Berg, Öffentlich-rechtliche Nachbarverzichtserklärung und Baulast im Widerstreit zum zivilrechtlichen Vormerkungsschutz, DÖV 2002, S. 512 ff.

Areas of expertise