Preparing and analysis of various draft contracts for the construction industry
The contract establishes the rights, duties and responsibilities of the parties arising in various areas of civil law relations between legal entities, individuals, state, commercial and non-profit organizations. It is a component of almost any transaction, and on how legally competently it is compiled, depends on the success of the implementation of the plans of any business entity. Of particular importance is a properly drawn up contract for entities involved in investment and construction activities because of its scale, significant financial investment, great responsibility and the risks that legislation imposes on its participants.
The contracts differ in structure, content, procedure for drawing up, assurance and entry into force. The form of the contract and the order of its conclusion depend on the nature and subject of the agreement, as well as on the seriousness of the obligations assumed by the parties, and is always the main instrument in regulating the mutual relations of the parties.
Relations between participants in investment and construction activities are regulated by a large number of contracts, both envisaged and not provided for by the Civil Code of the Russian Federation. Among them, we can name the agreements regulating the relationship between:
•customer-developer and investor;
•customer-developer and general contractor;
•customer-developer and general designer;
•customer-developer and technical customer;
•customer-developer and engineering organization;
•customer-developer and authorities;
•customer-developer and the participants in the shared construction;
•investor and buyers of real estate;
•general contractor and contractors;
•contractors and subcontractors;
The contracts are developed and concluded both for the newly builded up real estate object, and for any design, construction, installation, commissioning and other works related to the construction site.
The use of standard (template) contracts in investment and construction activities is inefficient. Since each single contract affects various property interests, this requires an individual approach to its compilation and a thoughtful analysis of each item. Standard contracts contain standard provisions and do not take into account either the specifics of the transaction or the nature of the relationship between the parties, which does not allow to fully protect the interests of the client.
Drawing up a contract is a labor-intensive process that requires confident knowledge in certain areas of legislation, depending on the type of contract. To form a legally correct agreement, it is necessary to take into account the technical, production, financial capabilities of the client, its competitiveness, the existence of debts, claims. Information on these circumstances will help to draw up a document in which the risks of the client at the conclusion of the transaction will be minimized.
Legal assistance in the development of the contract will help to avoid a lot of problems both at the stages of implementation, acceptance of works and services, and when receiving payment.
Qualitatively executed contract will be a significant contribution to the creation of favorable conditions for your company in the process of its implementation. Specialists of the BRACE Law Firm have a great practical experience and will help you to take into account your interests as much as possible when drafting a contract or analyzing an existing one.
We provide organizations and entrepreneurs with services for the development and analysis of the following contracts in the construction and investment sphere:
- general contracting;
- for the execution of design works;
- for the provision of technical customer services;
- on the provision of engineering services;
- contractors, subcontractors;
- equity participation;
- assignment of rights of demand;
- provision of land for construction;
- a lot of others.
- Legal expertize of real estate transactions
- Contestation of cadastral value in court in case of refusal of the commission of Rosreestr
- Appealing (decreasing) the cadastral value in Rosreestr
- Legal support for development projects
- Legal support of real estate transactionss
- Legal consulting on issues related to real estate