Real Estate & Construction

Real Estate & Construction

Dangers and pitfalls lurking around the real estate and construction sector in the region, combined with ongoing reforms and unsettled practices of the authorities, cause more than enough reasons for the investors to choose wisely their legal advisors whenever they have a real estate project. Only with sound, experienced and solution-driven counselling can they rest assured that their project will reach a safe harbour.

Our extensive knowledge of the regional construction industry and real estate amrket, FIDIC-skilled lawyers on partner level and admirable track record of construction-related arbitrations have proven to successfully aid clients with both negotiating their construction and real estate documentation, managing it throughout the project cycle, and effectively protecting their rights and interests in case of disputes. This combination comes as a result of our pledge to help our clients achieve the best possible scenario in a  given set of circumstances, thus allowing our clients to focus more on commercial endeavours, instead of spending money, time and nerves on legal threats.

Do contact us for a reference list, so that you may rest assured that our actions say more than words.

Key areas of expertise:

  • Project Structuring: Advising on setting up the most appropriate project structure. Incorporation of project vehicles with adequate management organization.
  • Real Estate Acquisition: Real estate title due diligence. In-depth target legal due diligence in case of share deals. Advising on all aspects of a prospective investment. Negotiating transaction documents and executing the transaction.
  • Construction: Negotiating construction agreement package. Advising clients on contract implementation challenges.
  • Leasing: Setting-up standard lease documents for commercial landlords. Negotiating heads of terms, lease agreements and supporting lease documentation. Advising on risks related to early termination, fit-out works, rent review process, maintenance and repair obligations etc.
  • Zoning and planning: Assessing the existing planning documents. Advising on the procedure for adoption of a new planning  document and assisting the investor throughout the process. Working in tandem with technical consultants ensuring the appropriate planning basis for the project. Advising on the necessity of environmental assessment. Negotiating the agreements on land development fee and the agreements on development of municipal infrastructure.
  • Bankruptcy purchases: Advising on benefits and risks associated with purchase of real estate in bankruptcy procedure, as well as representation in the bankruptcy sales process.
  • Real Estate Finance: Negotiating term sheets, facility agreements and security documents. Perfecting the security package. Advising lenders and borrowers throughout the lending process.
  • Real Estate Joint Ventures: Advising on structuring real estate joint ventures. Analysing associated corporate, tax and financing issues. Negotiating joint venture agreements, shareholder agreements, and other associated documents.
  • Property Management: Advising commercial landlords on day-to-day legal issues arising from managing a real estate portfolio.
  • Real Estate and Construction Litigation and Dispute Resolution: Advising on construction disputes between contractor and developer, lease terminations, evictions, lease and service charge claims. Advising on property transaction disputes. Assistance in FIDIC dispute resolution procedures, including DAB/DAAB procedures.

“Outstanding real estate team with specific experience of handling FIDIC contract matters and mandates relating to retail developments, including both disputes and leasing concerns. Advises on real estate finance, as well as joint ventures and complex asset purchases. Represents major financial clients and public bodies in addition to large international and regional corporations with interests in the retail and hospitality sectors.

‘They intuitively know what to bring to my attention,’

‘they focus on what is important and their solutions are practical and cost-efficient.’”

CHAMBERS EUROPE 2018 (SERBIA)

“Regional firm with a respected commercial department which handles a range of real estate matters. Has notable experience acting on behalf of clients in the tourism and energy sectors. Advises clients on the acquisition of distressed assets and on disputes relating to FIDIC-based construction contracts. Also involved in public work projects, and noted for its expertise in coastal resort developments.

‘The lawyers from this firm are proactive and interested in our business’

‘as reliable partners they always inform us about any changes in legislature which may affect our business.’”

CHAMBERS EUROPE 2018 (MONTENEGRO)

“BDK Advokati has experience in construction contracts; and regularly handles asset purchases. Other areas include retail parks, hotels, and property-related energy matters. The team advised a Spanish firm on construction contracts. Dragoljub Cibulić is ‘an excellent lawyer’.”

LEGAL 500 2018 (SERBIA)
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