Real Estate – Construction

The lawyers in the real estate - construction practice provide advisory and litigation support at various stages of real estate transactions in both the public and private sectors. They act in the initial structuring to completion of a real estate project, in its marketing and management, as well as in handling the liabilities and guarantees associated with construction permits.

Once the client's specific needs have been identified, each case is initially analysed by a senior lawyer (partner or of counsel) who defines the objectives and resources required to execute the client’s matter.

The real estate - construction team provides advisory and litigation support to public and private owners, developers, construction companies, design consultants / architects / engineers, insurance companies, banking and financial institutions, real estate companies and management companies.

STRUCTURING REAL ESTATE TRANSACTIONS
  • Urban Planning and Development Law (advice and litigation support in all matters relating to land use, to relationships with development companies, allotments, to urban planning and development, including commercial development in the urban space, and land-use control (expropriation, right of first refusal, etc.)).
  • Building regulations (buildings open to the public (ERP), high-rise buildings (IGH, IMH), specific rules for specialised business sectors).
  • Operating regulations (commercial zoning and Facilities Classified for Environmental Protection (ICPE) in cooperation with our Environmental Law practice).
  • Real estate potential (geotechnical and geophysical) and environmental audit of the soil (cooperation with our Environmental Law practice).
  • Legal and financial structuring in coordination with the firm’s specialised practices (tax/banking/company law), drafting financing contracts (loans and guarantees).
  • Construction lease — long leasehold (civil and administrative law).
  • Lease financing (advice and litigation support, from the structuring phase to execution and termination of the leasing contract).
  • Tenancy agreements (public and private).
EXECUTING REAL ESTATE TRANSACTIONS
  • Preventive summary proceeding and neighborhood rights.
  • Law governing private and public works procurement (assistance and advice in the drafting, executing and terminating works contracts).
  • Assistance in setting up payment guarantees due to contractors in construction contracts and in the form of guarantees to replace retentions.
  • Subcontracting law (contract drafting, direct action, direct payment, subcontractor payment guarantees).
  • Assistance in the payment of construction works (itemisation of works, execution of financial guarantees in favor of companies or contractors).
  • Liability of stakeholders involved in construction (advice and litigation support in connection with application of the ten-year and two-year liability guarantees, completion guarantees, builder’s liability, claims management during works).
  • Construction Insurance (property and casualty insurance, mandatory ten-year liability insurance for contracting lessors and insurance covering other parties involved in the construction).
MARKETING AND MANAGING REAL ESTATE TRANSACTIONS
  • Property development – Sale before completion transactions – Sale of buildings to be renovated – Construction of individual homes
  • Financial guarantees for completion and delivery
  • Sale of the property (advice and litigation support in connection with the preliminary contract and deed of sale, assistance in executing guarantees against hidden defects, liability incurred for late completion of the building, default on completion of works and non-compliance).
  • Assistance in forming, implementing, renewing, and terminating civil (home, furnished, professional, etc.), commercial, and agricultural leases.
  • Assistance in pricing procedures for renewed or revised leases and eviction compensation.
  • Assistance for real estate professionals (sales and property management).
  • Co-ownership law, Free Urban Land Association (AFUL) and Free Homeowners’ Associations (ASL).
  • Provided assistance and advice to a real estate company whose building permit for major renovation of a building is the object of cancellation proceedings, and dealing with the impact of the proceedings on works contracts and the timetable for completion of the works;
  • Provided assistance and advice to an industrial player whose premises are located within a protected area which threatens to be expropriated, and thereby jeopardizes business continuity;
  • Provided assistance and advice to a real estate company on the sale of a 36,000 square meters property complex that is the object of two legal appraisals aimed to justify the application of the legal guarantees associated with construction defects;
  • Provided assistance and advice to a construction insurance company in connection with the liability of a consultancy firm in charge of designing a platform for aircraft reception and maintenance;
  • Provided assistance and advice to an insurance company in connection with the liability of an engineering company involved in the design and construction of a household waste treatment plant.
  • Provided assistance and advice to a building materials distribution company in leasing and obtaining administrative authorisations for the opening of a retail space in the city center.