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Construction 

We provide legal advice on the full range of matters involving construction and infrastructure projects, advising at every phase of project completion.

We work for a wide range of clients from the construction industry. We provide legal support to developers, contractors, investment funds, and private and institutional investors on various types of construction and engineering projects, in particular projects involving development of infrastructure, construction of manufacturing plants, warehouses, logistics centers and the like.

We advise real estate developers and banks in projects involving raising financing for construction of office buildings, residential developments, shopping centers and hotels. We represent clients in disputes arising out of the real estate development process.

Our clients are served by specialists with many years of experience providing legal advice on major infrastructure projects, for example involving expansion of road infrastructure in Poland, development of the country’s largest cities, and construction of stadiums.

Services

  • Comprehensive legal support for contracts in the construction process: contracts between participants in the construction process and investors, consortium agreements, contracts for construction works and general contracting (including contracts based on FIDIC standards), contracts for design work and architectural supervision, contracts for investor supervision, contracts for supply of services and utilities
  • Advice for participants in the development process on conclusion, performance, and settlement of construction contracts
  • Assistance in preparing construction documentation
  • Support for projects by residential developers
  • Supporting participants in the construction process from negotiation and conclusion of specific contracts through overall contract performance and payment
  • Advice on projects for construction and operation of motorways
  • Support for cities and local communes in infrastructure projects (including water and sewer works, urban transit, and sports facilities)
  • Advising on projects involving expansion of telecommunications networks
  • Legal advice on financing and execution of public-private partnership projects
  • Support on state-aid issues
  • Supporting clients in business relations with other participants in the construction process
  • Comprehensive support on public procurement law
  • Representing clients in disputes involving construction law before the state courts, in arbitration, and before public administrative authorities
  • Drafting legal opinions on the possibilities for executing projects on a given site
  • Advice on obtaining administrative permits, environmental decisions, planning decisions, and building permits
  • Advice on acquisition of real estate for construction projects
  • Advice on financing of construction projects
  • Due diligence of real estate and advice on eliminating or minimizing identified risks
  • Assisting clients in negotiation of contracts for construction works, from the position of investors, contractors, subcontractors
  • Comprehensive legal advice on application of modern technological solutions in industry and construction  
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Our experience

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  • Advising the General Directorate for National Roads and Motorways (GDDKiA) on numerous road projects and disputes, including:
  1. In negotiation of the contract for construction and operation of the A1 motorway project for a 180-km section between Stryków and Pyrzowice, advising GDDKiA on the tender procedure, drafting of the concession contract, and in negotiations with the winning bidder
  2. In negotiation of the contract for construction and operation of the A2 motorway project for a 90-km section between Stryków and Konotopa
  3. In negotiation of contracts for the Świecko–Nowy Tomyśl section of the A2 motorway, leading to financial closing of the project
  4. In a dozen or more proceedings led by GDDKiA for award of public contracts, e.g. advising on preparing and conducting a procedure for award of a public contract for design, delivery and operation of the national toll collection (ETC) system in Poland
  • Advice on construction of the New Center of Łódź
  • Advice on updating a feasibility study for a new rail connection to Zakopane and Nowy Sącz
  • Advising the City of Warsaw in connection with financing of expansion of the Metro using EU structural funds, the Czajka wastewater treatment plant, and expansion of the tram network
  • Advising the City of Wrocław on legal aspects of construction of a stadium for the UEFA Euro 2012 football championship, including public contract award proceedings
  • Legal support to developments projects of energy firms
  • Advising manufacturers across numerous sectors on construction of modern factories and warehouses
  • Advice on greenfield developments
  • Representing clients in disputes connected with issuance of construction permits and zoning plans
  • Representing clients in complicated disputes before courts and arbitral tribunals, including cases involving civil law and tax law in connection with payment for construction projects worth many billions of euro
  • Representing the Polish Association of Construction Employers before the National Appeal Chamber in a successful appeal by the association in a procedure for conclusion of a framework contract for substitute performance involving construction works on rail lines conducted by PKP PLK SA (2018)
  • Representing the Polish Association of Construction Employers before the National Appeal Chamber in a complex appeal by the association in a tender for design and execution of construction and dredging works as part of the modernization of the Świnoujście–Szczecin maritime route, conducted by the director of the Szczecin Maritime Office for the State Treasury (2018)
  • Comprehensive legal support for organizing and financing construction of several shopping malls
  • Advising leading investors, developers, owners and managers of commercial real estate on a number of transactions for acquisition of high-grade commercial properties
  • Advising Polish subsidiaries of leading international corporations in the process of constructing new factories and office buildings, negotiating and drafting a wide range of contracts: for design and construction work, general contracting, and delivery of gas and electricity, and advising on transactions involving partition of real property, sale and leaseback, easements, and dissolution of construction contracts

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© Eversheds Sutherland 2021. All rights reserved. Eversheds Sutherland is a global provider of legal and other services operating through various separate and distinct legal entities.

Eversheds Sutherland is the name and brand under which the members of Eversheds Sutherland Limited (Eversheds Sutherland (International) LLP and Eversheds Sutherland (US) LLP) and their respective controlled, managed and affiliated firms and the members of Eversheds Sutherland (Europe) Limited (each an "Eversheds Sutherland Entity" and together the "Eversheds Sutherland Entities") provide legal or other services to clients around the world. Eversheds Sutherland Entities are constituted and regulated in accordance with relevant local regulatory and legal requirements and operate in accordance with their locally registered names. The use of the name Eversheds Sutherland, is for description purposes only and does not imply that the Eversheds Sutherland Entities are in a partnership or are part of a global LLP. The responsibility for the provision of services to the client is defined in the terms of engagement between the instructed firm and the client.