Construction investment services

In LEGALWISE we are aware of the multidimensional nature of construction investments, both in terms of legal and factual issues. If you really want to understand the needs of clients participating in the construction investment process and properly secure their legal situation, you often need to go a step further, and analyze the investment not only in terms of necessary documentation. Our people are ready to put the protective helmet on and support our Clients on the construction site as well.

Construction industry is quite specific branch where the situation may change dynamically, to the extent when preserving the initial form of the contract is simply impossible. In such unexpected situations we provide or assistance and manage the crisis arising from the clash of legal regulations with the construction reality by providing ‘tailor-made’ solutions for a given crisis.

We get involved in construction projects, regardless of its magnitude, from small, individual construction or renovation projects, through the implementation of ‘fit out’ contracts, to complex investments related to the construction of buildings and infrastructure facilities. We support all parties of the construction process - investors, developers, construction companies, designers.

Our extensive experience in complex construction investments analysis make our people a trustworthy and dependable team of professionals who will represent you in court disputes arising from large-scale construction investments.

Within the scope of this expertise, we offer:
  • advice and legal support at the investment planning stage – e.g. purchase of real estate, including checking its legal status, and in the legal aspects of investment financing;
  • legal support and representation before administrative authorities during proceedings related to obtaining a building permit, planning permission, environmental decisions, etc.
  • drawing up, giving opinions and negotiating design and construction contracts, including FIDIC contract templates;
  • representation in construction investments disputes related to the recovery of remuneration for the completed works (including additional and replacement works), pursuing claims for defects, contractual penalties, additional remuneration for increased direct and indirect construction costs due to exceeding the contractual deadline of the investment and in any other claims for non-performance of obligations at the implementation stage, as well as after its completion (including warranty and guarantees claims, or settlement of collected guarantee deposits).

Real estate law:

Na bazie wieloletniego doradztwa w zakresie inwestycji budowlanych, rozwinęliśmy w LEGALWISE obszar praktyki prawa nieruchomości - niemalże każda Based on our long-term experience in construction investments area, we have developed practice of real estate law, as nearly all construction investments is related to real estate sourcing.

Legal support related to the broadly understood real estate law constitutes a component of not only the investment process, thus you can rely on our legal assistance in all aspects related to land property, buildings and premises for individual and business clients.

We not only provide support in terms of verification and regulation of the legal status of real estate but also effectively represent our clients in proceedings of acquisitive prescription, return of expropriated real estates, or proceedings for the abolition of joint ownership. We provide legal assistance and provide optimal solutions in complicated factual circumstances, including those related to land easements, foundation of buildings on someone else's land, as well as in legalization proceedings.
  Our expertise in this area covers mainly:
  • conducting legal audits of real estate in order to identify investment risk;
  • assistance in verifying and regulating the legal status of real estate - we help, among others, with inheritance proceedings, abolition of joint ownership, and update entries in the land and mortgage registers;
  • consulting and representation on issues related to the existence of transmission facilities on the property. We represent transmission companies as well as owners of real estates on which these devices are located;
  • advising and representation in cases of real estate acquisitive prescription (including unconventional and controversial proceedings regarding road plots);  
  • advising and representation in cases concerning the return of expropriated real estate;
  • support and representation in matters of compensation claims, including those for non-contractual use of real estate;
  • full transaction support consisting of drawing up of contracts, giving opinions and negotiating of agreements, including preliminary and the main real estate sale agreements, support on financing the purchase, rental and lease agreements, including commercial premises and commercial space;
  • advising on disputes arising from rental, lease or lending agreements relating to real estate, including recovery of due rents, removing problematic tenants from real estate, or pursuing claims for lowering the rent;
  • legal services for communities and housing cooperatives and property managers.