Construction activity is one of the most complex activities in terms of structure of relations and protection as regards government authorities and contractors. Therefore, it appears reasonable to provide for optimum conditions for arranging the legal aspect of project implementation from the outset.

Providing consistent professional legal support in project implementation helps in avoiding problems and risks typical for construction in Russia:

• failure to meet construction deadlines;

• downtimes, unplanned additional works;

• deterioration of work quality and refusal to perform warranty maintenance;

• contractor’s failure to perform contract obligations;

• non-compliance of works with the project and mandatory regulations;

• liability, including liability for force majeure (ground sagging, escape of ground waters, fire, natural disasters, theft and collapse);

• damage inflicted on customer or third parties;

• disappearance of general contractor after receiving advance payment;

• need to return advance payments for non-performed works.

 In the course of providing legal support for the project, our specialists develop draft construction contractor agreements and general contractor agreements. If the agreement is already signed, we can carry out analysis of the signed general contractor agreement and develop a set of special recommendations on introducing needed amendments and modifications aimed at optimizing its performance by the parties, paying special attention to obligations of the parties, including “specific” obligations which are initially reserved for either of the parties, for example:

• development and amendment of design documentation,

• permits and approvals,

• contractor’s obligations to verify all provided documents in order to eliminate customer’s liability in the event of unplanned works,

• levies, duties and other expenses (for example, charges for adverse impact on the environment, etc.),

• customs procedures, etc.

Subject to legislative requirements, we can develop recommendations with respect to the procedure of early agreement termination. In the course of providing legal support for the construction process, it is generally necessary to develop required recommendations for the benefit of the client:

• in the course of designing the future construction facility at all design stages,

• in the course of providing access to the construction site to the contractor,

• in the course of performing preparation works at the construction site,

• on arranging document control in the company at the construction site,

• in the course of performing the main scope of construction and installation works,

• in the course of transfer and acceptance of the whole scope of performed works, transfer and commissioning of constructed facility into operation, facility operation within the warranty period,

• in the course of post-warranty operation of the facility.