Real estate, construction and infrastructure projects: planning legal capacity
Discuss your needsShort answer: Real estate, construction and infrastructure projects mainly need additional lawyers in three situations: reviewing large lease portfolios, real estate transactions with due diligence, and major projects with many construction, design and subcontractor agreements. The need comes in peaks, for example before signing, during the data room review or in the variation phase of a construction project, which makes it a good fit for project lawyers working part-time or full-time. In Switzerland, construction contracts are shaped by the law on contracts for work (Art. 363 et seq. of the Swiss Code of Obligations, OR) and the SIA 118 standard; in Germany by the construction contract rules of the Civil Code (Section 650a et seq. BGB) and frequently the VOB/B.
This guide is for heads of legal, heads of real estate and construction departments and asset managers in Switzerland and Germany. It covers typical triggers, the matching tasks and profiles, the differences between the two countries and how to plan real estate legal project support.
Which situations create additional legal workload?
Three situations almost always create extra legal workload in real estate and construction: portfolio reviews, transactions and major projects. All three involve a high volume of similar documents under time pressure.
Portfolio review
A lease portfolio is captured and reviewed systematically, for example before a sale, after an acquisition, for a refinancing or when new lease and space management software is introduced. The result is a register of terms, options, indexation, service charges, special rights and risks.
Transaction
When buying or selling individual properties, portfolios or property companies, due diligence needs many hands at short notice. Project lawyers review land register extracts, easements, leases, building permits and pending disputes, and support the deal team. The guide on project lawyers for M&A and corporate shows how project lawyers work in corporate transactions.
Major project
Construction and infrastructure projects generate heavy contract work over several years: design and general contractor agreements, subcontracts, variations, defect notices and acceptance. Effort rises sharply during tendering and in the variation and final account phase.
Tasks and profiles: who does what?
The right role follows from the trigger and the task. The table maps typical triggers to tasks and the matching profile.
| Trigger | Task | Profile |
|---|---|---|
| Lease portfolio review | Data capture against a review grid; register of terms, options, indexation, service charges and risks | Junior or experienced project lawyers, with an experienced or senior team lead |
| Real estate transaction (asset or share deal) | Data room due diligence, red flag report, input for the purchase agreement and disclosure | Experienced to senior lawyers with real estate or transaction experience |
| Construction project at tender stage | Template agreements for designers, general contractors and subcontractors; alignment with SIA standards or VOB/B | Senior lawyer with construction contract experience |
| Construction project in delivery | Variations, delay and defect notices, acceptance, correspondence | Experienced lawyer, often part-time for the whole construction period |
| Infrastructure and public clients | Tender documents, bidder questions, contract management after award | Experienced to senior lawyer with procurement and construction contract experience |
| Dispute or claim | Prepare the facts, organise the documents, support external counsel | Experienced lawyer with litigation experience |
Alpinum Solutions provides project lawyers for these tasks through staff leasing or freelancing, part-time or full-time, as individuals or as a team. Under staff leasing the company holds the right to give professional instructions and the professional is integrated into the organisation; under freelancing the professional works independently within the agreed mandate. The guide on choosing junior, experienced or senior profiles helps you pick the right level.
Typical assignment scenario
A company in the construction and real estate sector uses specialised interim lawyers to add capacity for reviewing and negotiating construction and project contracts, handling variation claims and providing legal support for ongoing major projects.
Switzerland and Germany: laws and contract standards
In both countries construction contracts rest on the law of contracts for work, but different standards supplement it. Anyone reviewing these contracts needs to know them.
| Topic | Switzerland | Germany |
|---|---|---|
| Statutory basis for construction contracts | Contract for work, Art. 363 et seq. OR | Contract for work and construction contract, Sections 631 et seq. and 650a et seq. BGB |
| Industry standard | SIA 118 "General Conditions for Construction Work"; applies only if the parties agree it | VOB/B; likewise applies only if agreed, common with public clients |
| Commercial leases | Tenancy law, Art. 253 et seq. OR | Sections 535 et seq. BGB with Section 578 BGB; since 1 January 2025 text form is sufficient for long-term commercial leases |
| Acquisition of land by persons abroad | Authorisation required under the Federal Act on the Acquisition of Real Estate by Persons Abroad (BewG, "Lex Koller"); no authorisation is needed for property that serves as a permanent business establishment (Art. 2(2)(a) BewG). Residential space built or let commercially does not count as a business establishment (Art. 3 BewV) | There is no general authorisation procedure like the Lex Koller; whether a specific acquisition requires approval or notification is checked by deal counsel |
| Anti-money laundering rules for property deals | Since 1 October 2026, advisers who professionally assist with buying or selling land are subject to the Anti-Money Laundering Act (Art. 2(3bis) GwG); exemptions include deals under CHF 5 million paid through a financial intermediary (Art. 2(4bis) GwG) | EU AML package: a central access point for real estate information must be set up by 10 July 2029 (Directive (EU) 2024/1640) |
| Public procurement | Federal Act on Public Procurement (BöB) and the Intercantonal Agreement on Public Procurement (IVöB) | Procurement law under Sections 97 et seq. GWB and the procurement ordinances |
One example of why this matters: under the transitional rule in Art. 229 Section 70 EGBGB, German commercial leases concluded before 1 January 2025 remained subject to the old written-form requirement up to and including 1 January 2026. If such a lease was amended on or after 1 January 2025, text form applied from the amendment; since 2 January 2026 it has applied to all older leases (Art. 229 Section 70(1) EGBGB). Whether earlier form defects still have consequences is for the legal team to assess case by case. A portfolio review therefore records the conclusion date, amendments and their form.
How to plan real estate legal project support
Good planning starts with the volume and ends with a clear review grid. Five steps work well:
- Size the volume: number of contracts or documents, languages, contract types, quality of the filing.
- Define the review grid: which data is captured, which risks count as red flags, when to escalate.
- Run a pilot: review 20 to 30 documents, measure time per document and refine the grid (assumption; the size depends on the portfolio).
- Build the team: derive headcount from total effort and deadline; a team lead keeps results consistent.
- Secure the handover: deliver the register, red flag list and open points in a format that asset management or the legal team can maintain.
Example (assumption): a property company with buildings in Switzerland and Germany wants to capture 600 commercial leases before a refinancing. A pilot shows around 45 minutes per lease. For 600 leases that is around 450 hours, or around 520 hours including quality control. Three project lawyers and a part-time team lead complete it in about five weeks. All figures are illustrative assumptions. The guide on clearing a contract review backlog shows how to plan this kind of work.
Limits and risks
- No legal advice from Alpinum: Alpinum is not a law firm. Responsibility for legal assessments, negotiations and litigation stays with the legal team or an instructed law firm.
- Notarisation and land register: in both countries, purchase agreements for land require notarisation (Switzerland: Art. 216 OR; Germany: Section 311b BGB). These steps stay with the notary and the land registry.
- Inconsistent results: without a shared review grid and a team lead, registers cannot be analysed.
- Loss of know-how: on long construction projects, the same person should cover the variation phase or hand over properly.
Frequently asked questions about real estate and construction legal support
What is a lease portfolio review?
A lease portfolio review captures and checks every lease in a portfolio against a uniform grid. It records parties, premises, term, options, rent and indexation, service charges, security and special rights. The output is a register that can be analysed, together with a list of risks. It supports a sale, a financing or ongoing asset management.
Who reviews construction contracts?
Construction contracts are usually reviewed by the legal team of the client or contractor, with a specialist law firm on large projects. Project lawyers with construction experience handle the ongoing review of subcontracts, variations and correspondence. In Switzerland they check contracts against Art. 363 et seq. OR and any agreed SIA 118 terms; in Germany against Section 650a et seq. BGB and the VOB/B.
When is a project lawyer a better fit than a law firm?
A project lawyer is a good fit when many similar documents need reviewing against a fixed grid, or when a project needs steady legal support over several months. The law firm remains responsible for assessing difficult questions, negotiations and disputes. This split lowers costs because law firm hours are focused on complex issues.
Do project lawyers need real estate experience?
For the team lead, construction contracts and transactions, real estate or construction experience is a clear advantage. For data capture in a portfolio review, junior or experienced lawyers are often enough, provided there is a clear grid and an experienced lead. Language skills also matter, especially for portfolios spread across Switzerland's language regions.
Can project lawyers work remotely?
Yes, remote work is common for reviews in a data room or a contract management system. It requires personal log-ins, clear download rules and a confidentiality agreement. On construction projects, meetings on site are often useful, for example for acceptance inspections or variation negotiations.
Next step
Tell us about the trigger, volume and timeline of your real estate or construction project. Selected profiles are usually available within 48 hours; the company and Alpinum agree the start date together.
- Real estate, construction and infrastructure law: project lawyers
- Project lawyers for M&A and corporate
- Staff leasing for legal and compliance
- Discuss your requirements
Last updated: 30 October 2026.
