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The construction project lifecycle is a complex sequence of factual and legal actions, encompassing, in particular, the preparation of design documentation, obtaining required administrative rulings (including environmental decisions, planning arrangements, building permits, or effective notifications), the execution of works, and the commissioning of the facility. Any failure regarding compliance with building, planning, and environmental protection laws—as well as breaches of the contractual regime—may result in work stoppages by building supervision authorities, the invalidity or revocation of administrative decisions, liability for damages, and a significant increase in project costs and timelines.
In this context, strategic legal advisory serves a preventive and managerial function: it allows for the early identification of regulatory and contractual risks, the design of the correct sequence of administrative decisions and arrangements, the selection of adequate security (including guarantees and step-in instruments), and ensures that procurement and execution processes comply with regulations and best market practices (including FIDIC standards, where applicable). Ensuring continuous compliance at every stage of the project minimizes the risk of disputes and downtime, and should they occur, enables the efficient conduct of proceedings before architectural-building administration, building supervision authorities, as well as administrative and common courts.
We provide comprehensive legal support, starting from the conceptual stage and the securing of the legal title to the real estate, through planning and environmental due diligence (compliance with the Local Spatial Development Plan [MPZP] / Land Development Conditions [WZ], access to public roads, heritage conservation restrictions, environmental decisions), and real estate due diligence, up to the design of the administrative ruling sequence (connection conditions, ZRID/building permits, occupancy permits). We develop regulatory and contractual risk maps, design project structures (SPV, consortium, conditional/preliminary agreements), and prepare and verify applications and arrangements with authorities, ensuring compliance throughout the entire process.
On a contractual level, we advise on the selection of the delivery formula (General Contractor, CM, Design & Build, EPC), prepare tender documentation and model contracts (including those based on FIDIC), negotiate key risk allocation clauses (price adjustment, variations, force majeure, tests and handovers, contractual penalties, step-in rights), and design performance security systems. We provide continuous legal supervision over the project execution, including support in claim and variation management, as well as financial settlements. In the event of disputes, we provide representation before administration and supervision authorities, administrative and common courts, and during mediation.
During the bidding stage, we analyze the tender documentation (ToR/OPZ), identify gaps and risks, formulate questions and reservations, and support the pricing process by accounting for price adjustment mechanisms and risk reserves. We also negotiate consortium and subcontracting agreements. We verify contract provisions (FIDIC/other standards) regarding risk allocation, deadlines, claim and EOT (Extension of Time) procedures, securities, penalties, and handover procedures, ensuring the contractor’s ability to effectively exercise their rights.
During contract execution, we provide ongoing advisory on contract correspondence and event documentation, the submission of claims (cost and time-related), the introduction of variations and “necessity protocols,” and the protection of payments (including the Art. 647¹ k.c. regime, direct payments to subcontractors, guarantees, and retentions). We represent contractors in disputes with the investor/inspector/Engineer, before the National Appeal Chamber (KIO), building supervision authorities, and courts, ensuring minimized downtime and the secure settlement of works, warranties, and guarantees.
1) Concept and Due Diligence Rapid feasibility assessment: legal title, MPZP/WZ, road access, environmental/heritage constraints. Recommendation of structure (SPV/consortium) and risk mapping.
2) Land Securing and Transaction Structure Preliminary/conditional agreements, options, and securities. Preparation of corporate and financial documents, contracting plans.
3) Planning and Environmental Arrangements Applications for environmental decisions (DŚU), WZ, land de-archiving, connection conditions. Representation before authorities and during appeal processes.
4) Design and Building Decisions Agreements with designers, complete application sets for building permits/notifications, verification of compliance with Construction Law.
5) Procurement and Contracts Tender documentation (including Public Procurement), selection of delivery formula (GC/CM/D&B/EPC), model contracts (including FIDIC), risk allocation, and securities.
6) Execution of Works (Contract & Claim Management) Ongoing correspondence and notifications, variations and EOT, compliance (HSE/environment), protection of payments and the subcontracting chain.
7) Handovers and Commissioning Preparation of as-built documentation, occupancy permit (PU)/completion procedures, financial settlements, penalties, and release of securities.
8) Warranties, Guarantees, and Disputes Handling claims related to defects and malfunctions, inspections, mediation/DAB/DRB, proceedings before authorities and courts.
The result: A clear schedule of decisions and actions, control over risks and costs, and the secure delivery of the project for occupancy.
By choosing our strategic advisory in the construction project lifecycle, you gain a partner who bridges the legal and business perspectives and guides projects from the concept and planning phase to commissioning. We work proactively: we organize the stages, identify key decisions and deadlines, minimize risks, and support efficient cooperation with authorities and partners. We translate our experience in commercial, industrial, energy, and infrastructure projects into practical, swift recommendations. The result is greater predictability, shorter schedules, and the secure, compliant execution of the project. Our services are addressed to both investors and contractors.