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Criminal law and the building industry

Criminal law as applicable to the building industry applies to all those involved in construction, i.e. architects, planners, contractors, etc. Whether individual drywall builders, medium-sized businesses or international industrial construction groups, all actors are affected by the comprehensive regulations. 

Special aspects of the construction industry include a high degree of labour division, the execution of orders without using a company’s own personnel through the commissioning of subcontractors (including in the subcontractor chain), or the employment of specialists from other European and non-European countries. Numerous regulations apply, from the upholding of prescribed minimum working conditions, including the (industry) minimum wage, to protection of the environment. The provisions of core criminal law will apply in the event of accidents. Section 319 Criminal Code (dangerous construction practises) is of major importance.

Relevance to species and nature conservation

Questions of the law governing species and nature conservation, as expert law, form regular starting points for investigative proceedings. There is also a whole series of administrative offences, arising from e.g. the Employee Secondment Law, the Temporary Employment Law or the Illegal Employment Control Law, and their constant tightening particularly affects the construction industry. Violations of local building regulations are frequently the grounds for investigations conducted into principals and contractors. The strengthening of the data protection regulations makes it necessary to address in-house measures to avoid client liability, which will in future continue to be of great significance in order to avoid damaging consequences of a criminal, financial or non-criminal nature, up to and including exclusion from the awarding of public contracts.

Ms Klötzer-Assion can draw on many years of experience in advising and representing those involved in the construction industry, prepares expert reports within the framework of compliance measures for the assessment of the risks as regards criminal law and/or financial penalties, and regularly defends clients from the building industry in the context of pending proceedings involving criminal law or administrative fines.