Settlement of construction disputes

During the initial stages of construction, the contractor and the customer do not always fully understand the terms of the construction contract, and often look at these terms from a different point of view. The larger the construction project, the more significant will be further misunderstandings.  

Our experience shows that the completion of almost any major construction is not without legal proceedings. 

The REVERA construction and real estate practice has extensive experience in supporting construction projects and understands the peculiarities and details of this area. Our lawyers professionally represent and defend the interests of all participants in construction activities both on the side of customers and professional participants: general contractors, subcontractors, project designers, engineering organizations.
 

Our lawyers are ready to provide legal assistance in the following areas:

  • Development of strategy of protection and preparation of legal position, assessment of possible risks and prospects of a judicial dispute;
  • Protection of interests in disputes related to the quality of construction works, including disputes on the elimination of deficiencies in the period of warranty terms;
  • Disputes on the recovery of the cost of works performed, including those related to refusal to sign acceptance and delivery certificates;
  • Disputes related to execution and payment for additional works;
  • Disputes on the collection of the sum of guarantee retainage;
  • Disputes on the collection of penalties and losses for failure to fulfill obligations under the contract;
  • Disputes related to the conclusion of a construction contract, unilateral withdrawal from the contract, early termination of obligations under the contract;
  • Protection of the interests of engineering organizations and customers in disputes over the quality of technical supervision services;
  • Representation and protection of interests in disputes over contracts for design and surveying works;
  • Pre-trial settlement of disputes between construction participants: legal advice, claim settlement, support of pre-trial negotiations.
     

*Representation of interests in court is carried out by independent attorneys. 

Solid practice advising regional and domestic clients on commercial disputes.

Chambers Global

Projects

AECOM

AECOM is a global leader in providing design services for the construction industry and are listed by Fortune 500. In Belarus, AECOM is involved in the construction of the multi-functional complex in Minsk worth 900 mln USD. Our lawyers consulted the Client for the purpose of settling differences with the customer, and in particular developed a strategy and a legal position to protect the Client’s interests in court in an action of collection of penalties for unsatisfactory provision of services.

Settlement of a construction dispute at the pre-trial stage for a customer from the IT sector

REVERA helped to reach peaceful settlement of disagreements between the contractor, who, based on the oral instructions of the customer, exceeded the contractual scope of repair works by more than twice, and the customer, who, due to the absence of professional specialists, could not evaluate competently the scope of works performed, their quality and cost, and therefore refused to accept and pay for them.

Recovering 1 mln euros for "Vysoki Zamok"

“Vysoki Zamok” is a major construction company. Our attorneys represented “Vysoki Zamok” as general contractor in a construction dispute with a customer. As a result, a debt of over 1 mln euros was collected in full, as well as currency translation differences.

Reconstruction of sewage treatment facilities in Baranovichy

ARGINTA is a major Lithuanian company involved in water management and renewable energy.
Our associates consulted the client under an EBRD financed project for the reconstruction of water treatment facilities in the city of Baranovichy (client acted as contractor). We consulted on Belarusian construction laws and application of FIDIC forms under the project. Also, our attorneys represented the customer in settling disputes under the contractor agreements, which was challenging due to the compulsory condition to settle the dispute exclusively extrajudicially.

Defending Bauer Technics a.s. in IAC under the BelCCI

Representing Bauer Technics a.s. in the International Arbitration Court under the Belarusian Chamber of Commerce and Industry in a dispute with Borysov Meat Factory involving collection of VAT sums in excess of contract sum. The complexity and uniqueness of this case was in that there was no similar judicial practice in Belarus prior to it.

Protecting MinskEnergo in a construction dispute

Our attorneys defended the client in a dispute on the fulfillment of obligations under a contractor agreement. The amount in dispute was over 2 million USD. The case was examined by the International Arbitration Court under the Belarusian Chamber of Commerce and Industry.