Construction

You have completed a construction contract, but the investor refuses to take over the works and is trying to discover faults and defects to avoid payment. Sounds familiar? Or maybe you are an investor who has hired a contractor who fails to comply with the terms of the contract, never meeting the deadlines despite contractual penalties?

Non-payment constitutes one of the biggest problems in the construction industry today. Often customers of construction works will do anything to reduce their costs at the expense of the contractors. Legislators have somewhat alleviated this problem by introducing payment guarantees. Still, many contractors simply cannot afford to incur the cost of such a guarantee.

Construction contracts

Our team has extensive experience in the preparation and negotiation of construction contracts on behalf of both investors and contractors. In addition, we prepare the general terms and conditions of construction works, review contracts with sub-contractors for works and supplies, and verify securities that have been furnished.

Payment guarantees

Payment for construction works can be guaranteed by demanding that the investor or the general contractor provides a bank guarantee, an insurance guarantee, a bank letter of credit or a bank surety bond issued to the contractor in order to secure the timely payment of the agreed remuneration. Usually, a contractor requesting a payment guarantee bears half of its cost. We represent our clients in matters related to payment guarantees before the investor, general contractor and the guaranteeing bank. We assist them in receiving guarantees that are proper in their form and content and in recovering the payment, if necessary.

Amicable resolution of disputes between the investor and the contractor

In many cases, disputes related to construction contracts can be resolved amicably. Disputes usually arise when the rights and obligations of the parties are not specified in sufficient detail in the construction contract. As a rule, protracting a dispute is not in the interests of either party. We help our clients to amicably resolve disputes through mediation. After a thorough examination of the matter, we try to persuade the parties to agree on a compromise. An indication of a good conciliatory agreement is that neither party is totally satisfied with its content.

Administrative proceedings related to construction

Prior to and during a construction process, the parties involved must obtain a number of administrative decisions related to the construction. It often happens that the authorities refuse to issue a necessary decision or that decisions are appealed against, overturned or declared null and void without any factual or legal ground. We represent our clients in all the administrative proceedings related to construction, such as obtaining a planning permission, environmental conditions for the approval of the project, building permits, and occupancy permits. We represent our clients before the local and central government authorities and in courts of law.
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Phone:

(+48) 22 354 63 95

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