The main areas where we help our clients resolve processes or disputes related to construction are divided into the following areas:

1. Management at the building office

Representing Builders processing of authorizations, binding opinions and consents of the public authorities concerned (DOSS), whereby it is necessary not only to convince the administrative authorities that the building complies with the requirements of the Building Act, but also to defend the intended construction against the objections of the owners of the surrounding properties.

We often find ourselves on the opposite side and we defend the rights of existing owners affected by the constructionwho, in the course of a zoning or subsequent construction procedure, have the opportunity to raise their objections to the pending amendments to the land plan or construction plan and thus influence the final form of the intended change of territory or construction.

2. Review of the decision of the building authority by the court

The owners concerned can claim their rights not only in a multi-stage proceeding before the administrative authorities, but also request the review of administrative decisions before the administrative courts. Defence already in administrative proceedings is often a condition of raising objections even before a court, which guarantees independent judicial review of the decisions issued as well as all the underlying opinions.

Both appellate and judicial review of administrative decisions can significantly delay the implementation of the construction project to the detriment of investors, but also protect the existing rights of the owners, which is why both investors and the owners concerned also turn to us.

3. Disputes arising during construction or reconstruction

Relations between investors and builders of constructions or renovations are stipulated by law to a minimum, and therefore it is necessary to conclude an appropriate contract for the work, which should adequately describe the entire course of construction and the eventualities that may arise during it.

In the event that a dispute arises, we are able to assess on whose side the law is located and also what is the most effective solution — which is usually not the case. However, the most important thing is the timeliness of the solution — when a problem in construction already arises, it is most advisable to solve it legally from the beginning, or at least respond in a timely manner, i.e. before the expiration of the relevant legal period for the exercise of rights.

4. Project preparation and contract documentation for all stages of construction

As has been said, Quality preparation is the best way to avoid disputesor at least improve your position considerably if disputes still arise. More than anywhere else, it is true here: “Clear contracts make good friends.”

We apply the experience of disputes already in preparation of relevant contractual documentation (works contract, license agreement for project documentation, construction financing contracts) and we also provide legal evaluation of critical parts of project documentation construction plans.

In the construction process itself, it is then critical to complete and hand over the work, the form of which is left entirely to the contracting parties by law, and therefore it is necessary to agree on the procedure in advance. Our experience shows, for example, that the fatal flaw is an insufficiently or ambiguously described obligation to cooperate between the contracting parties.

Due to insufficient contractual processing, even in larger projects, unnecessary disputes arise due to different ideas of the parties about how to solve a situation that was not envisaged by the strict contract. Legally unenforceable obligations (often e.g. assignment of builder's rights or binding of third parties who are not parties to the contract) are also a common shortcoming. On the contrary, functional tools for the exploitation of rights can be a contractual penalty, a lien with the possibility of direct sale or the possibility of punitive withdrawal from the contract.