By signing a construction contract, both parties assume a specific construction risk. Awareness of that potential risk and the ability to avoid it is undoubtedly a key to success. As we currently see a considerable increase in investment projects, it is only natural that there are significantly more disputes between the participants in a construction process (the most common being investors / contractors / subcontractors disputes). In effect, the content of the contract is crucial in resolving any disputes or ambiguities. For this reason, we do our best to ensure the contract is fully understood not only by the other party, but most of all by the Client and that the contract language is clear to external bodies responsible for its interpretation (especially courts).
We offer comprehensive legal support to all parties involved in a construction project (investors, contractors and subcontractors in particular). Some of our legal services include:
- providing legal advice on the implementation of construction investment projects based on various legal regimes (the Civil Code, FIDIC Conditions of Contract and Public Procurement Law)
- creating the best possible model of cooperation between individual participants in the investment process
- reviewing, preparing and negotiating various types of construction contracts (such as Construction Works Contract, General Contractor Agreement, Project Management Contract, Partial Performance Agreement, Subcontract, Design-Build Contract, Turnkey Contract, Developer Agreement, Design Contract)
- providing continual legal assistance during the course of construction works and managing a construction contract
Moreover, we offer comprehensive legal support in preventing and resolving construction disputes. We try to identify a potential risk already at the contract drafting stage which allows us to take the necessary steps to secure the Client’s best interest. Before an issue escalates into a possible dispute, we thoroughly review the Client’s legal situation.
We handle construction litigation arising during the construction project implementation involving:
- payment disputes that arise upon project completion (among others joint and several liability towards subcontractors, contractual penalty, compensation for extra or substitute works, contract rescission)
- non-performance or poor performance of a construction contract
- construction defect claims (warranty or guarantee).