Legal support in development of numerous projects in construction, energy, infrastructure and mining sectors distinguishes us on the local and international market as a highly skilled team with deep knowledge of international standards and practice.

Our experts have advised developers, investors and contractors around Europe (Serbia, Montenegro, Bosnia and Herzegovina, Croatia, Hungary, Russia, Belarus), Euro-Asia (Kazakhstan, Georgia), Asia and Middle East (Jordan, Qatar, Oman, Dubai), Africa (Ghana, Nigeria, Zambia, Uganda, Rwanda) and South America (Peru) where they gained exceptional experience and refined expertise in design, engineering and construction projects primarily based on FIDIC General Conditions, PPP and tailor-made contracts for:

  • shopping malls, commercial and residential objects,
  • stadiums,
  • roads and bridges,
  • power stations and transmission lines,
  • hydro power plants and dams,
  • industrial and mining facilities,
  • oil bases and stations,
  • gas pipelines/streams,
  • solar and wind plants,
  • co-generation and tree-generation plants,
  • energy-from-waste facilities.

The level of foreign investments in the last two decades makes Serbia one of the most attractive countries in the region. The main expectation of foreign clients is to secure implementation of international experience when dealing with the local market requirements, business culture and practice.

Negotiation and Contract management of FIDIC- based projects
FIDIC-based projects are key area of our expertise.

Being a mixture of legal and technical frame for execution and management of construction projects, implementation of FIDIC General Conditions requires:

  • skills for long-lasting negotiations on legal, technical, commercial and financial issues,
  • proper understanding of project requirements,
  • early recognition of legal and commercial risks during project realisation,
  • structuring of contractual mechanisms that secure fulfilment of parties’ commitment,
  • management of administrative risks for contract’s execution,
  • due consideration of applicable legislation and business environment.

In that regard, we strive to provide an adequate interplay between legal, financial, commercial and technical aspects ensuring fact-based reflection of each party’s commitment in a voluminous set of documents comprising complex contract to be concluded.

Our broad experience in monitoring of all phases of FIDIC based projects enables us, in very initial stage of the project, to recognize potential legal risks and responsibilities associated with:

  • design documentation,
  • programme of works,
  • delays,
  • variations and claims.

To that end, we support our clients with everyday monitoring of project correspondence seeking reasonable assessment of ongoing processes followed by interpretation of relevant provisions of the contract and identification of events that may increase costs of the project and parties’ responsibilities.

Contracting
Development of construction project is not a single-contract scheme given that construction typically involves numerous interactions with suppliers, subcontractors, nominated subcontractor, consultants, relevant authorities, etc. Assigning of rights and obligations in appropriate manner safeguards share of risks and responsibilities between all participants and stakeholders.

In that sense, we deliver distinctive advice concerning:

  • back-to-back subcontracting,
  • pre-qualifications processes,
  • joint tendering,
  • joint venture and Consortium agreements (integral or simple consortiums),
  • limitations of liabilities,
  • supply of equipment, assembling and start up services,
  • consultancy,
  • supervision of works,
  • relations with technical control and other authorities and
  • payment’s mechanisms (pay-when-paid and pay-if-paid clauses).

Claim Management & Administration
The well-timed identification of event that gives right to contractor’s or employer’s claim is the most efficient method for avoidance of long and exhausting construction disputes.

Our understanding of project cycles and process of supervision and control of project’s execution enables us to cooperate with project management team in defining the strategy for fair and efficient fulfilment of contract requirements and to assist our clients in:

  • identification of claim events,
  • analysing of underlying facts and circumstances,
  • project’s correspondence,
  • quantification of request for compensation and extension of time, and
  • a proper conduct of contract procedures for submission of a particular request protecting the client of both, preclusion of its rights and unfair determination of claim by the relevant authority (Engineer, DAB, etc.).
  • limitations of liabilities;
  • supply of equipment, assembling and start up services;
  • consultancy;
  • supervision of works; and
  • relations with technical control and other authorities.