Construction
Real Estate
Infrastructure

Construction

We are at your side from the legal management of turnkey projects to negotiations with anchor tenants.

Legal advice on all stages of construction processes

Acquisition of project properties. Support with tenders. Consortium contracts. Drafting and negotiating of construction agreements (including FIDIC agreements for international construction projects). Architectural, general planning, engineering and project management contracts, general contractor and builder contracts. Claim and contract management. Advice on termination issues, suspension of works and services as well as advice regarding insolvencies of involved parties. Advice on building permit issues. Negotiation and advice on required neighbour agreements. Advice on zoning and planning issues. Drafting of lease agreements tailor-made for the project development.

Financing

Advice on the optimal choice of financing from among available sources: loans, leasing, bonds and other alternative finance models. Negotiating term sheets. Negotiating loan, collateral and side agreements. Syndicated loan agreements. ISDA agreements. Credit insurance arrangements.

Tax structuring

Establishment and support of SPV’s and real estate joint ventures, including the development of tax concepts. Structuring of group reorganizations (merger, demerger, in-kind contribution, transformation), purchase and sale transactions. Tax-efficient structuring of transaction related issues, including real estate leasing, sale and lease-back, REITs, design of fund structures, capitalisation rules, tax due diligence, withholding tax and real estate transfer tax. Structuring of international group activity. Analysis of the impact of GAAR clause and other tax exposure (including CFCs). Analysis of VAT consequences in relation to asset deals.

Ongoing advisory

Negotiation of ongoing changes during the project and advisory services in day-to-day business. Performance and warranty issues. Project management.

Public tenders

Design and monitoring of public tender procedures. Advice on participation in tenders and support in the preparation of tender documentation. EU programs, documentation and contract negotiation, review proceedings, post-contractual advice, advice in bidding procedures. Claim management and legal protection (including ADR), public-private partnerships (PPP), service concessions and licenses.

Disputes

Construction-related litigation and ADR (including arbitration).

 


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