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05 January 2021Legal support of construction - bypassing pitfalls
Construction has traditionally been one of the main drivers of the economy. Business processes in this area are extremely complex and diverse: they include not only direct production tasks, but also interaction with contractors, suppliers, regulatory authorities and end customers. At any stage, disputable situations may arise, which can lead a delay of deadlines or the cost increases. To minimize these risks is the main goal of construction consulting. What is included in the concept of "legal support"? It is advisable to entrust this area of activity to professionals, advises lawyer and expert Dmitry Gorbunov (Managing Partner of Tendaudit Law Firm). After all, legal support for construction is a range of services that includes not only the development and negotiation of contracts with contractors (although they are, of course, the most important part of project preparation), but also the organization of the following processes: Consulting on land issues. It is impossible to start work before acquiring ownership or concluding a lease agreement for a plot of the corresponding category, determining its boundaries, resolving disputes with the owners of neighboring plots, obtaining a DPLP, etc. Obtaining permits for the start of construction and commissioning of the facility. Resolving disputable situations with authorities and supervisory services. The municipality, BTI, tax service, fire and environmental supervision - these and other authorities have a long list of mandatory requirements.
Solution of licensing issues.
Claims work and representation in courts.
Unfortunately, controversial situations often arise both during the construction of an object and after commissioning. The amount of documentation required for a successful project is enormous. Moreover, without the involvement of narrow specialists, such as our expert Dmitry Gorbunov, it is very difficult to hand over a construction project on time. Indeed, the tasks of a lawyer in support of construction include understanding the following points: at what stage of construction is the object, what documentation needs; clear assignment of responsibilities of all parties at all stages of construction with reference to specific dates; fixing the results of work in documents, etc.
A composition and number of documents may differ depending on whether the building being erected- a residential building or a shopping center. The only competent legal support can reduce the risks of failure to meet construction deadlines and financial losses.