A contract sets out who owes what, and what happens when things do not go as planned. The Ertogan law firm in Cologne reviews, drafts and negotiates contracts for private individuals and businesses.
Contracts touch almost every decision in everyday life and in business, from a purchase to a tenancy to hiring a tradesperson. Often you only realise how much the exact wording mattered once the other side fails to deliver, performs poorly, or does not pay the invoice. In moments like that, everything depends on the rights set out in the contract and in the law. Attorney Nurdan Ertogan reads contracts carefully and identifies which claims can realistically be made in a given case.
The firm looks after you personally, in German, Turkish and English, and takes the time to go through your documents and questions. The goal is a solution that fits your situation, whether that means a clear agreement drawn up in advance or enforcing your rights in a dispute. We discuss openly which approach makes sense and what costs and risks it may involve, so you know where you stand before making a decision.
01You may recognise this
You paid for goods or a service but received nothing, or something defective, and you do not know how to get your money back.
You have a contract in front of you awaiting signature and want to know beforehand what the clauses actually mean.
A contracting partner is not honouring what was agreed, and you are considering termination, a price reduction or a damages claim.
Your business needs a solid contract, for example for services, deliveries or a cooperation arrangement, and you want to avoid disputes down the line.
You have an outstanding invoice that remains unpaid despite a reminder, and you want to enforce the claim.
02How I support you
Reviewing existing contracts and draft contracts, explained in plain terms, with clear guidance on risks and room for negotiation.
Drafting and wording contracts, for example purchase, service, works and cooperation agreements, tailored to your goals.
Advice on your rights in cases of defects, delay or non-performance, such as remedy, withdrawal, price reduction or damages.
Out-of-court correspondence with the other side, setting deadlines and negotiating towards an agreement.
Enforcing outstanding claims, from a reminder through the court payment order procedure to a lawsuit.
Representation in court where an amicable solution cannot be reached.
03How we work together
We begin with a personal meeting in which you describe your case and provide the available documents, such as the contract, correspondence and invoices. Attorney Ertogan reviews the facts and the legal position and explains which claims come into consideration and which steps make sense. On that basis, you jointly agree on the next steps, often starting out of court with a letter to the other side and a deadline. You are informed of every significant step and decide how far the matter should go.
04What does the advice cost?
Fees are billed under the German Attorneys' Remuneration Act (RVG) or under a fee agreement at an hourly rate of 450 euros. The initial consultation is a paid service costing 249.90 euros for private individuals and 450 euros for businesses. These figures are a non-binding guide; the exact cost depends on the scope of your case and is discussed with you in advance.
Yes, having a contract reviewed before signing is worthwhile in many cases, because later changes are often difficult to enforce. A lawyer can explain what the clauses mean and where the risks lie, so you can still negotiate certain points before committing yourself.
What can I do if the other side does not fulfil the contract?
As a rule, you should first set the other side a reasonable written deadline for performance. If they still fail to respond, options such as withdrawal, a price reduction or damages may come into consideration, depending on the situation. Which route fits best depends on the contract and how events have unfolded.
Is a verbal contract valid?
A verbal contract is generally valid, since most contracts are not tied to any particular form. The difficulty lies in proving what was agreed, since the content is often hard to establish later. For certain transactions, such as the purchase of real estate, the law requires a specific form.
Can I undo a contract once it has been signed?
That is possible if a legal ground exists, for example a right of withdrawal, an effective termination, a challenge for mistake or deception, or an agreed right of rescission. Without such a ground, a contract generally remains binding. Whether a ground exists can only be assessed after reviewing your documents.
How long do I have to assert my claims?
The standard limitation period is three years, usually starting at the end of the year in which the claim arose. Shorter or longer periods apply to certain claims, for example defects in construction work. Because limitation can permanently devalue a claim, you should have deadlines clarified early.
What does it mean if a clause is invalid?
An invalid clause is treated as if it had never been agreed, and the statutory provision usually takes its place. The rest of the contract generally remains in force. This is especially common in pre-formulated contracts, where certain clauses are invalid even though they were signed.
Do I have to pay an invoice if the work was defective?
If a service was defective, you may be entitled to withhold payment in whole or in part, or to reduce the price. First, however, you should notify the other side of the defect and give them the opportunity to remedy it. How much you may deduct depends on the extent of the defect.
What does legal advice in contract law cost?
At the Ertogan law firm, the initial consultation costs 249.90 euros for private individuals and 450 euros for businesses. Further work is billed under the RVG or under a fee agreement at 450 euros per hour. The exact cost depends on the effort involved and is discussed with you in advance.
Is an out-of-court settlement worthwhile, or should I go straight to court?
In many cases an out-of-court settlement is the faster and cheaper route, as it saves time and litigation costs. Whether it is worthwhile depends on how the other side responds and how clear the evidence is. A lawsuit remains an option if a settlement fails.
What documents should I bring to the consultation?
It is best to bring the contract, the complete correspondence with the other side, along with invoices, payment records and any deadline notices. Emails and messages can also be important. The more complete your documents, the more precisely your case can be assessed.
