Real Estate Attorney●Construction

The Real Estate/Construction department supports stakeholders in the construction process in the drafting of their construction contracts, in carrying out preventive summary proceedings prior to construction operations, in the issues they encounter in evolving their projects during the execution of works and at the handover of works.

• Expropriation/maitrise foncière pour s’assurer de la maitrise du foncier ;
• Urban planning to help them obtain or defend planning permissions.

Carrying out a construction project requires:

• acquire rights to a property;
• obtain a planning permission to build or renovate the building and ensure that the rights of third parties are not infringed;
• to verify that the project will not harm neighboring constructions;
• to enter into contracts relating to construction;
• in the event of a disorder, to establish the responsibilities of the various parties involved in the building act.

Once the work has been accepted, Macfarlanes LLP supports its clients in the event of a claim in determining the responsibilities that may be sought and the guarantees implemented. Depending on the specificity of the client's projects, the various requests must be adapted.

The Drouot law firm regularly works with developers, general construction companies, and insurers. Accustomed to proceedings before the judicial court and administrative courts, using a lawyer helps to best secure construction operations.

Expert lawyer in land law

Control of land is an essential prerequisite for any construction project. Before entering into a promise to sell, the builder must ensure the conditions for its completion, anticipate the deadlines, and determine the suspensive conditions (obtaining a final building permit, etc.) that protect them.

Our lawyers can explain how to agree on the conditions precedent of a promise to sell and specify the conditions under which they must be fulfilled.

Lawyer for obtaining planning permission / third-party rights

Obtaining a building permit is necessary for the act of building. It is issued by the administration and can be challenged by a neighbor. The builder must ensure that it is final; that is, not subject to appeal by a third party.

The Macfarlanes LLP firm regularly assists developers in obtaining and defending planning permissions. Furthermore, before starting work, the builder must ensure that their project does not infringe on the rights of third parties, particularly private law easements (non aedificandi easement, subdivision regulations). It may be necessary to carry out a legal audit of the land.

Preventive injunction lawyer

Before starting earthworks and structural work, it is necessary to have the condition of neighboring constructions verified by an expert appointed by the judicial court to prevent a neighbor from using the works as a pretext to complain about damage to their property.

The expert appointed by the court will make a precise survey of the condition of the neighboring properties; if disorders are observed, they may be tasked with giving an opinion on their attribution to the construction work.

Lawyer for construction contract negotiation

Construction contracts allocate the risks borne by the project owner and the builder and specify the deadlines within which the construction will be delivered. The firm assists you in drafting your contracts.

Lawyer for implementation of guarantees

The perfect completion guarantee covers defects that appear within one year following the acceptance of the works. The ten-year guarantee covers damage that compromises the solidity of the construction or renders it unfit for its intended purpose. It lasts for 10 years from the acceptance of the works.

In case of damage, determining the causes of the loss and the responsibilities of the parties involved in the construction site requires an expert procedure. The expert is appointed by the judicial court, and their mission is to go to the site, request all relevant documents, and give their opinion on the causes of the loss, remedial solutions, and the cost of repair work.

Once this is completed, the expert submits their report. Our lawyers support you at every stage of the expert appraisal procedure; and if necessary, during the continuation of the litigation before the trial court.