1. Project Management Contracts

We benefit from the advantage of our in-depth involvement in real estate market of Ukraine, which gives us possibility to properly structure the development project related arrangements. Our expertise in project management arrangements covers different levels of manager's involvement to the project from mere procurement of design or other separate part of the process to overall operation of the project with decision-making and broad financial capabilities.

Depending on the nature of project-client relationships among our services we offer:

• Evaluation of the benefits of involving the seller of the project as its manager vs. partner thereto;
• Drafting and negotiating pre-contracts with the managers in parallel to acquisition of the projects;
• Drafting and negotiating project management agreements and other similar agreements, like customer's service, engineering, technical supervision and other agreements;
• Overall support of the projects guided by professional managers and other related services.

• Construction licenses: requirements and procedure for obtaining;
• Procedure for obtaining permissions for elaboration of different types of land management documentation; approvals required for coordination of land allotment project; procedures for passing land management expertise and obtaining decision on granting the land plot, rezoning or other actions with the land plot;
• Procedures for coordination of facility placement, gathering input data, obtaining permit for design, approving the construction project, passing state investment expertise and obtaining permit for execution of construction works;
• Advising on various construction permits: demolition, excavation, use of utilities, etc;
• Evaluation of necessity to alter the project documentation for construction and procedure for coordination of such alterations;
• Legal counselling of various inspections in course of construction and other compliance matters.

3. Design and Adaption Agreements

Our extensive experience in the great deal of design arrangements encourages us to provide our clients with full range of services related to establishment of relations with general designers, and negotiating and contracting conditions thereof. We are normally involved in full-scale advice at project design, workshop drawings and as-built documentation drafting stages.

As part of our construction-related counselling, we advise on negotiating and establishing the mechanism of author's supervision in course of construction. We diligently handle multilateral negotiations between designer's of different parts of the project, customer, general contractor and technical supervision service so that to apply the most effective and proficient supervisory of construction process and well-performance on behalf of designers of the project or their representatives.

We elaborate the author's supervision legal scheme and draft necessary agreements for this purpose, including those related to assignment of author's supervision functions to one of designers or third party professional supervisor.

We do follow the recent trends in the market. Many our clients attract recognized foreign design bureaus. This brought to life specific adaption agreement in design scheme, which we also offer as part of our services.

Our most recent experience related also to structuring multi-project cooperation between foreign designer, local adaption bureau, the network holding customer and particular project companies.

4. Assignment of Developer’s Rights

We are market-leading experts in structuring transactions between customers and developers of construction as well as other participants to building process.

We actively advise on possibilities to change the customer of design and/or the customer of construction through administrative procedures, recommend optimal project stage therefor and assist in re-issuance of permits and other formalities.

We are deeply experienced in establishing contractual relationships between legal (nominal) customer of the project and actual (beneficiary) developer thereof. We recommend effective instruments for that, draft, negotiate necessary agreements, proxies, and other documentation, and provide full-scale counselling to the customer or the developer in such project.

5. General Contracts, including FIDIC-Based

We were involved in a number of the most significant construction tenders and contracts in various projects in Ukraine. Our team is specially trained to provide overall legal advice on any matters related to construction process. We use the advantage of our in-depth knowledge of Ukrainian construction law and business practice and we add our extensive experience of international contract transactions.

Many of our associates studied template FIDIC contracts and UNCITRAL recommendations and attended specialized international conferences on construction and engineering matters. Our vast expertise in international finance, customs law, foreign beneficiary tax jurisdictions, currency control regulations and cross-border transaction structuring adds much to shaping the complicated contracts for works involving multinational developers and high-skilled international contractors.

Our breadth of expertise in building contracts area includes, among others, the following:

• Drafting tender documentation, holding tenders on choosing the general contractor, review of tender offers and conducting preliminary negotiations;
• Drafting offers for tenders held by the state, municipalities and other employers, representing the clients throughout the tender procedures;
• Pre-contractual negotiations and drafting binding commitments with all participants to construction process;
• Construction licenses and permits;
• Advice on type of contract structure from purely construction and DB contracts to structured (EPC) BOT, DBO and other schemes;
• Choosing the FIDIC template: Green Book, New Red Book, New Yellow Book (Orange Book as an option), Silver Book, and gaining benefits from draft Golden Book;
• Adjusting international contracts to local construction regulations;
• Drafting general contracts for works and other construction-related contracts, their negotiation and assistance in signing;
• Risk management in construction process and advice on risk allocation mechanism;
• Structuring the construction progress and control: milestone and critical passes approach, alternative progress control mechanisms;
• Advice on approaching the contract price: lump sum, unit rates or open book;
• Structuring the financial relations, proposing tax efficiency mechanisms for directing the cash-flows, elaboration of construction financing schedules for specific projects, drafting and negotiating related subcontracts;
• Financial guarantees in construction: advance payment guarantee, performance bond, retention bond, guarantee bond, etc; building the project securing system, drafting guarantee agreements and letters, negotiations with contractors and financial institutions;
• Technical and author's supervision in construction: division of powers between employer, the contractor and attracted architects and engineers, negotiating the framework of supervision and on-going coordination on the site, drafting respective agreements on supervision;
• Negotiating construction insurance conditions and drafting insurance agreements;
• Advice on variations mechanism and way of parties' interaction;
• Procedures for involvement of subcontractors, nominated subcontractors and third party contractors, access to the construction site and distribution of responsibilities;
• Testing and commissioning procedures, procedure for defect elimination;
• Dispute resolution, choosing the right form of DB, DRB or DAB; arbitration;
• On-going support of construction process, drafting and negotiating of related feedstock and other supply, service, and subcontract agreements, advising on labour, customs, residency, and other matters.

6. Commissioning and Title Perfection

We offer in-depth analysis of all procedures related to finalization of construction process, commissioning the facility and perfection of title thereto, which include without limitation:

• Calling and passing the working commission;
• Calling and passing the state acceptance commission on accepting into operation the completed with construction object, requirements to composition of acceptance act and adoption thereof;
• Advice on technical inventory of the premises and drafting of inventory books;
• Procedure for title perfection and receipt of ownership certificate to newly constructed property;
• Procedure for title registration.