Construction law and construction projects
Good legal advice can reduce the overall risk of a project.
No two construction projects are identical, and each project has its own challenges. There are, however, some common themes that should be considered during any construction project.
We advise through all phases of a construction project.
When you, as a developer, contractor or consultant, are involved in major project planning tasks, it can be wise to divide the construction project into a number of different phases.
- Phase 1: Plot/land
- Is the soil as expected? Can the project be accommodated within the local area plan? Should the land purchase be subject to approvals or planning permission?
- Phase 2: Financing
- How is the project financed? Is backing available from the public sector? What ownership structure should there be? Should the project be separated into its own special company?
- Phase 3: Project planning
- Local area plan proposals, municipal permits, drawings and material descriptions, sales prospectuses, consultations with neighbours, advance commitments from buyers/tenants
- Phase 4: Tender material
- Choice of contract type – turnkey, main or specialist contract Obtaining offers, tenders or pre-qualification. Conclusion of construction contracts. Coordination of warranty provisions throughout the contract chain
- Phase 5: Strategic dispositions
- Has the project been made ready for sale/optimised for sale, transfer agreements on all or parts of the project, establishment of landowner associations, owner association or similar and warranty obligations
- Phase 6: The construction phase
- Conflict management during the construction phase to prevent conflicts from delaying or halting construction work, compliance with complaints obligations, remedying deficiencies, payment plan follow-up, handover transaction and protocol
- Phase 7: Closure
Final land registration and handover, release of purchase sums/contract sums and write-down of guarantees
This description is not exhaustive, but the aforementioned phases all involve a variety of potential legal issues where you, as a contractor, developer or construction consultant, could benefit from seeking legal advice in order to reduce the overall risk associated with the project.
Penta Advokater advises on AB92, ABT93 and AB Forbruger (end user) building regulations, reviews and drafts of construction agreements, guarantee documents, development contracts and other associated paperwork. We also represent developers and contractors in disputes pertaining to the legal aspects of the construction project.