Construction & Real Estate

Acquisition, permitting, development and delivery of construction and real estate projects under FIDIC-based and bespoke contracts

Overview

Acquisition, permitting, development and delivery of construction and real estate projects under FIDIC-based and bespoke contracts

Our construction practice covers the negotiation, drafting and administration of FIDIC-based and bespoke construction contracts, including for projects in the energy, infrastructure, industrial and real estate sectors. We advise both employers and contractors on procurement strategy, tender documentation, risk allocation and contract implementation, and support clients through variations, claims and dispute avoidance during the execution phase.

On the real estate side, we advise clients throughout the transaction and development cycle, including due diligence, acquisitions and disposals, project financing and leasing, as well as planning, zoning and construction-permitting procedures for residential, hospitality, retail, office and logistics developments.

Our team combines international construction law expertise with strong knowledge of the local legal and regulatory framework, allowing us to advise on complex domestic and cross-border projects. We regularly represent clients in DAB/DAAB proceedings. Our team members also act as DAB/DAAB members or sole adjudicators.

Services

01

Construction contracts and procurement

  • drafting and negotiation of FIDIC-based construction contracts and bespoke, tailor-made construction agreements carefully addressing specific risk profile of each project;
  • advice on tender documentation, procurement strategy and public procurement procedures, for both employers and contractors as bidders;
  • risk allocation, contract structuring and negotiation of sub-contractor and sub-supplier agreements.
02

Contract administration and claims

  • ongoing contract administration and implementation support, including advice on instructions issued by the Engineer and the Employer, Claims, Variation procedures;
  • dispute avoidance strategies during project execution;
  • representation in DAB/DAAB proceedings, mediation and international arbitration, including under the rules of the ICC and VIAC.
03

Real estate transactions

  • due diligence on undeveloped and developed real estate, including title, encumbrances, pre-emptive rights and lease documentation, and vendor due diligence for target companies;
  • sale and acquisition of single assets and real estate portfolios, including preliminary and conditional contracts, share deals and special transaction structures such as options, joint ventures and sale-and-leaseback arrangements;
  • project financing, including mortgage agreements, bank guarantees, share pledges and pledges of receivables;
  • leasing and property management, including commercial, retail and industrial leases.
04

Real estate development and planning

  • legal support throughout the development lifecycle, from acquisition and permitting to construction and delivery;
  • planning and construction procedures, including zoning, conditions of development, building permits and use permits;
  • advice on public-private partnership (PPP) structures for real estate and infrastructure projects;
  • supervision of project development and coordination with technical and procurement teams.

Sectors

We advise across a broad range of sectors, including transport and infrastructure (roads, railways and metro systems), energy (solar, wind, hydro and conventional power), industrial and mining facilities, and residential, hospitality, retail, office and logistics real estate.

Selected matters

A representative slice of recent matters, anonymised. We don't publish client names; references are available privately on request.

01

advising the employer on the Belgrade Metro Project, a multi-contract, FIDIC-based project and one of the largest infrastructure developments currently under way in Southeast Europe, covering contract structuring, procurement strategy, risk allocation, negotiation and ongoing implementation support across all major contractual packages (FIDIC White Book 2017, Yellow Book 2017 and Green Book 2021);

02

advising the employer on the development, design and construction of roads and utility infrastructure under the FIDIC Yellow Book (1999), including contract negotiation and procurement support;

03

advising a contractor on the negotiation of an Engineering, Procurement, Construction and Commissioning contract for the balance of plant of a wind farm project (EPC agreement based on FIDIC Yellow Book 1999).

04

advising the employer in support of the construction of the tunnel under the FIDIC Yellow Book (1999)

05

advising a major regional engineering company on the Corridor 5c road project under the FIDIC Red Book (1999);

06

advising on the development of a greenfield residential and hospitality condominium project (25,000 sqm), including the acquisition phase, tendering and contracting of designers, contractors, project management, suppliers and hotel operation consultants, and contract management throughout implementation;

07

providing ongoing legal support to a international fast-growing developer with an expanding portfolio, on the acquisition and development of multiple real estate projects.

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