Nicolai Chalupsky

Attorney, Expert Lawyer for Building and Architects Law

Competencies

Private Construction Law, comprehensive building accompanying legal advice for Principals, Contractors and Architects, Claim Management, enforcement of and defence against project-related claims

Curriculum Vitae

1978 Born in Hamburg

1999 - 2002 Training in Business Economy: Studied Business Economy (Graduated at the Wirtschaftsakademie Hamburg 2002)

2002 - 2010

  • Law Studies in Greifswald, Hamburg and Speyer
  • Internship in Hamburg, Speyer and Ireland (William Fry Solicitors, Dublin)
  • During Attorney Training, emphasis on Private Construction Law

2011 - 2013 Attorney in the Munich Office of an internationally operating large Business Law Firm, practice group Real Estate and Construction Law

2013 Started as an Attorney with the firm Scholtissek :
Krause-Allenstein Rechtsanwälte

2015 Expert Lawyer for Building and Architects Law

Lectures and Presentations

For example in In-house trainings for the Publisher Dashoefer GmbH and in BPM Seminars

Publications

  • 2014 Architekt muss bei Abdichtungsplanung jedes Risiko ausschließen! (Architect needs to exclude all risks when planning the waterproofing of a building)

    IBR 2014, 745. When planning a cellar waterproofing, the architect must base himself on the highest groundwater level known as a result of many years of observation - plus a safety margin.

    Discussion of a decision by OLG Schleswig, Award of 11 Sept 2012 - 3 U 113/09; BGH, Decision of 09 July 2014 - VII ZR 267/12 (Complaint of Non-admissibility rejected).

    BGB Art. 632.
     
  • 2015 The concept of legal interest (cause) in the sense of Art. 485 Par. 2 ZPO (German Procedural Law) has to be construed widely!

    IBR 2015, 1003. The requirement of a legal interest (cause) in the sense of Art. 485 Par. 2 ZPO must not lead to an anticipated examination of the relevance of evidence or of the chances for success in the main proceedings.

    Discussion of a Decision by OLG Hamburg, Decision of 27 Oct 2014 – 325 OH 3/14 LG Hamburg; OLG Hamburg, Decision of 16 Dec 2014 – 1 W 102/14.

    ZPO Art. 485 Par. 2.
     
  • 2015 Safety Obligation of the Architect already when he/she knows about a Danger Source!

    IBR 2015. The so-called secondary safety obligation is already being concretised by a knowledge of a source of danger, which, by its mere presence, presents a danger to everyone on the construction site, and so engenders the architect's own safety responsibility.

    Discussion of a decision by OLG Hamburg, decision of 20 Feb 2015 – 1 U 245/13; and previously: Landgericht (LG) Hamburg, Decision of 11 Nov 2013 – 303 O 389/09.

    Articles 823 et seq. BGB.
 
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