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 market, 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 mandates relating to property developments, including those in the residential, retail and hospitality sectors. Advises on real estate finance, as well as on construction matters, such as those relating to EPC and FIDIC contracts. Provides further expertise with regards to leasing, including lease negotiations and permitting issues.

‘The lawyers have the diligent advice we are looking for, and there is no doubt that if I had a question in Serbia I would go to BDK first.’

‘very devoted service and 24/7 availability.’”

CHAMBERS EUROPE 2019 (SERBIA)

“Regional firm with a respected commercial department capable of handling a broad array of real estate mandates. Has notable experience acting on behalf of clients in the tourism and energy sectors. Advises on land acquisition, financing and regulatory aspects of construction projects in Montenegro. Additionally represents investors in real estate litigation.”

CHAMBERS EUROPE 2019 (MONTENEGRO)

“BDK Advokati is experienced in International Federation of Consulting Engineers (FIDIC)-based construction contracts, complex asset purchases, retail park developments and assisting hotel operators; the team also advises on energy-related real estate matters.”

LEGAL 500 2019 (SERBIA)