Dr. Stefan Winghardt Managing Director, Head of BT Legal, Germany and Austria, Munich, Germany
“Successful Projects require the legal department to provide more than just traditional legal advice…”
Some typical Projects….. Bundeskanzleramt Berlin Construction start
Feb 1997
Completion (planned)
April 2001 (end of 1999)
Forecasted costs
205 mio Euro
Real costs
238 mio Euro
Jakob-Kaiser-Haus Berlin Construction start
Feb 1997
Completion (planned)
Jan 2002 (1999)
Forecasted costs
454 mio Euro
Real costs
577 mio Euro
Hauptbahnhof Berlin Construction start
Sep 1998
Completion (planned)
May 2006 (2002)
Forecasted costs
700 mio Euro
Real costs
1,2 billion Euro
Source: Süddeutsche Zeitung 2./3. März 2013/Nr. 52
Typical Flaws in Projects
Definitions Project
is any undertaking characterized by the singularity of its overall requirements, in particular regarding objective, conditions and constraints (time, resources, budget, scope) - DIN 69 901
Project Management
is the entirety of lead functions, organizations, techniques and means to handle the project - DIN 69 901.
Legal Project Management
is the organized, coordinated treatment of legal issues within a project, a system of problem identification and solution - Kappellmann, Juristisches Projektmanagement
deals with the question given objectives (obligations) efficiently.
in its traditional role deals with the question obligations.
identifies problems along with the legal obligations and organizationally.
to meet
are the legal
are the can they be resolved
Legal Project Management ensures Balanced Contract Content AND Successful Implementation of Contract Deliverables
Interfaces Project Management & Legal
Differences between Legal Project Management and traditional Legal Advice – Role:
Organizational task
case-based solution
Ex-ante provisioning (pro-active)
ex-post clarification (re-active)
Information gathering Risk mitigation strategy
vs.
“da mihi factum, dabo tibi ius” legal analysis
Business expectations to Legal Role Most relevant contract related risks
Source: Survey Contract Management 2010/ Bearing Point
