Construction & Real Estate

Construction & Real Estate

BIT Construction & Real Estate team has high-leveled professional experience in all aspects of construction and real estate projects, through transaction and acquisition phase, negotiation of complex engineering and construction contracts, management of legal issues during the performance of the projects and representation of the clients in international DAB, mediation or arbitration proceedings.

Our team members have participated in numerous construction projects relating design, construction, engineering and supply of capital equipment for construction of industrial and mining facilities, oil bases and stations, various modes of (solar, wind, water, gas or waste) power plants, construction of dams, pipelines, transmission lines, roads, hotels, stadiums other commercial and residential property developments.

Having a team members which advised clients and contractors in Serbia and region, our Construction & Real Estate practice group diversifies sophisticated knowledge of international construction practice, especially in appliance and management of various types of FIDIC general conditions of contract. Our team recent expertise also includes advisory in complex PPP projects.

Due diligence advisory

We perform due diligence reviews in respect to undeveloped or developed real estate (with shopping centers, office buildings, logistic parks built on it), focused on acquisition titles to real estate or the documentation of real estate leases, the rights of third persons possibly existing and potential encumbrances, preemptive rights, as well as reviews of zoning and construction documentation.

As part of the real estate review for potential buyers or for sale purposes, we also perform regular assistance in the Legal due diligence processes of target companies (Vendor Due Diligence).

Transaction and acquisition
  • Due diligence advisory (due diligence reviews in respect to undeveloped or developed real estate, focused on acquisition titles to real estate or the documentation of real estate leases, the rights of third persons possibly existing and potential encumbrances, pre-emptive rights, as well as reviews of zoning and construction documentation; regular assistance in the Legal due diligence processes of target companies as part of the real estate review for potential buyers or for sale purposes (Vendor Due Diligence).
  • Project financing (As part of the financing side of undeveloped or developed real estate projects, we advise clients regarding bank arrangements, loans, bank guaranties, on real estate mortgage agreements, share pledge agreements, agreements on pledge of receivables, etc.).
  • Sale and acquisition of real estates (in respect of both single real estate and portfolios of real estate projects acquisitions by entering into preliminary contracts, conditional contracts, contracts that transfer the legal right to real estate or shares in companies that are owners or perpetual users of the real estate. We also look into the special regimes relating to sales and acquisitions (option-rights arrangements, joint-venture, leaseback, real estate leasing, etc.).
  • Drafting construction contracts (based on FIDIC conditions of contract; tailor made construction contracts);
  • Analyses and advising the clients regarding the tender documents, instructions to tenderers, submission of tender
Project development
  • Implementation and management of FIDIC general conditions, especially Red, Silver, Yellow, White book;
  • Supervision of project development,
  • Advising the clients regarding the instructions given by Engineer and Employer;
  • Recognition and evaluation of claim events;
  • Claim management;
  • Contract variations;
  • Negotiation and drafting of contracts with sub-contractors and sub-suppliers ;
  • Planning and construction procedures (administrative procedures linked with determining the study and local plans for real estate, obtaining decisions on conditions of development, building permits, use permits and other decisions necessary in the investment process)
Construction related disputes
  • Determination of claims based on FIDIC
  • DAB
  • Mediation
  • Arbitration proceeding