Construction Law

Structuring a construction project means organising all of its legal, contractual, technical and financial dimensions. The aim is to secure the project’s feasibility, clarify the responsibilities of each party and prevent the deadlocks that could affect the timeline, the cost or the future operation of the asset.

In particular, we assist with:

• analysing the project, the land, the timetable and the regulatory constraints;
• defining the appropriate legal and contractual structure;
• drafting or negotiating the preliminary agreements, development contracts, works contracts, conventions and guarantees;
• supporting the performance of the project in the event of delay, reservation, penalty, claim or dispute.

Construction operations frequently give rise to claims relating to defects, defective works, non-conformities, delays or contractor failures. These situations require a precise analysis of liability, the guarantees that can be relied upon, the applicable time limits and the insurance stakes.

In particular, we assist with:

• analysing the contracts, minutes, reservations, correspondence, insurance and technical documents;
• legally characterising the defects or breaches;
• drafting formal demands, insurance claims, reservations, actions or warranty claims;
• assisting our clients in expert appraisals, negotiation or court proceedings.

In construction matters, the expert appraisal is often a decisive stage. It makes it possible to establish the defects, their causes, any liabilities and the basis for a future amicable or litigious settlement.

The firm supports professionals at every stage of the appraisal, working with technical experts, in order to turn technical findings into usable legal arguments.

In particular, we assist with:

• preparing the file ahead of the appraisal operations;
• defining the defence or liability strategy;
• attending the appraisal meetings and ensuring that due process is respected;
• drafting the relevant submissions, observations and challenges;
• using the appraisal report in a negotiation or in proceedings on the merits.

External guarantees, particularly in off-plan sales (VEFA), serve to secure the completion of a programme or the reimbursement of sums paid. They involve a precise interplay between the legal structure, the financing, the deeds of sale, the guarantor’s commitments and the marketing timetable.

In particular, we assist with:

• analysing the real estate project, its financing and its timetable;
• identifying the type of guarantee suited to the operation;
• reviewing the deeds, conventions, certificates and marketing documents;
• negotiating with the guarantor institutions and securing the conditions for calling on or releasing the guarantee.