All cases: Real Estate and Construction
Investment projects
- Legal support of a transaction on the acquisition of commercial real estate (warehouse buildings) in several regions of Russia by a management company of a mutual investment fund belonging to a group of a major Russian bank;
- Legal support of a transaction on the acquisition of commercial real estate (office premises) by a management company of a closed-end mutual investment fund belonging to a group of a major Russian bank;
- Legal support of the acquisition of commercial real estate (elevators and related real estate) by a ZPIF management company, which is a member of a major Russian bank;
- Representation of a Swiss financial company in connection with investments into office real estate projects in Moscow jointly with a Russian partner (total amount of investments equaled USD 30 million). Advice and consulting on structuring relationships with partners, legal and tax advice in connection with the sale/leaseback of buildings.
- Legal support of the sale of a 50% share in a project of an office building in the center of Moscow by the development division of a major Russian bank (total investment of $80 million); consulting on legal and tax matters and current issues of construction activities and financing.
- Legal analysis of the rights of a major construction company in connection with the attraction of debt financing for the construction of an office building in Moscow City.
- Advising the development division of a major Russian industrial group in connection with the acquisition of rights to a building site in central Moscow; conducting a detailed due diligence review; preparing a report to the client; participating in negotiations and coordinating work with lawyers in other jurisdictions (total contemplated amount of investments: USD 300 million).
- Advising a U.S. fund in the planning of an investment in an entertainment center project in the Moscow Region (total proposed investment of $150 million).
- Advised Russian and foreign investors-developers investing in acquisition of rights to land plots in Moscow, the Moscow Region and other regions of Russia; conducted due diligence of land titles.
- Representing a specialized foreign real estate fund in projects with Russian partners in office and suburban real estate (total contemplated investment of $40 million).
Advising a Russian seller of land assets in St. Petersburg in connection with the establishment of a joint venture with a Finnish investment fund for a warehouse development project; drafting and preparing corporate and transactional documents; representing the seller; advising on real estate and land law matters. - Advising a foreign investment company regarding a residential remodeling project in downtown St. Petersburg; review and analysis of regional legislation; drafting various possible structures.
- Advising a Russian investment company in connection with its investment in a sports complex in Omsk.
- Advised a United Kingdom company in connection with its investment in a St. Petersburg cargo port, advising on real estate and corporate law.
- Advising a foreign investment company in connection with the acquisition of port facilities in the city of Perm for the purpose of future reconstruction; providing all necessary advice regarding project development.
- Representing a public company of Agro Holding (with foreign participation) in disputes over claims of shareholders of land shares, support of questions of registration of purchase of land plots of agricultural purpose, advising the client on the relations with the state authorities and other issues on the use of agricultural land.
- Advising a Swiss private investor in connection with the acquisition and renovation of non-residential premises in Moscow for leasing purposes: due diligence of the premises, drafting and negotiating design and construction contracts with Italian designers and contractors.
- Advice to a Latvian design company in connection with the acquisition and reconstruction of a building in Latvia: legal due diligence of the building, preparation and negotiation of the sale and purchase agreement, advice on the design work agreement with a French designer.
Drafting construction contracts, construction and development
- Advising a Russian developer on construction of Russia’s first private medical center and business park; consulting on land law issues; drafting and negotiating a general construction agreement with a foreign contractor.
- Legal support of a development project to build a bridge crossing over the Moskva River between the area of Zakharkovskaya floodplain in the Krasnogorsk District of the Moscow Region and M-9 highway (Moscow – Riga “Baltia”), including drafting a construction contractor’s agreement.
- Drafting a construction contract for a Russian state corporation to design and build a magnesium oxide/hydroxide plant in Volgograd Region, including supply and installation of equipment and start-up and commissioning.
- Representing a real estate development company in negotiations with general contractors (Hoctief, Skanska, Codest) regarding a general construction contract for the construction of an office center; drafting a construction contract.
- Represented the client and a development company in connection with a general construction agreement for a business park (Krylatskie Holmy); supported negotiations with the general contractor (Codest) under the FIDIC form of contract; prepared contract documents.
- Development for a Russian state corporation of a complex construction contract for design and construction of a production and technological complex for industrial development of technologies for production of functional meat protein FMP in Belgorod region (total value RUB 1.5 bn).
- Drafting a FIDIC-based construction contract for a major foreign bank with an office in Moscow, advising on execution and negotiating a settlement in connection with the contractor’s failure to meet deadlines (Imtech).
- Represented a real estate development company in connection with construction of a countryside community (Stolnoye), drafting investment and construction contractual documentation, supporting negotiations with investors and contractors.
- Advised a Russian developer on legal and tax issues related to financing and construction of a suburban community (Razdory II).
- Advising a Russian developer on construction of warehouses in Moscow region: drafting and negotiating general construction agreement, participation in negotiations with the bank financing the construction, preparation of contractual documentation.
IPO of development companies
- Preparation of legal opinions (jointly with foreign law firms) for the leading Russian development company for the purposes of its IPO; extensive legal due diligence of development projects, coordination of work with international lawyers. Company capitalization during IPO on London Stock Exchange in 2007-2008 amounted to USD 11 bln.
- Due diligence on the St. Petersburg developer’s assets in connection with its contemplated IPO and subsequent private placement.
Lease relations
- Representation of a Russian real estate development company in negotiations with Western tenants in connection with the construction and operation of shopping centers in Moscow; preparation of preliminary agreements, lease agreements.
- Representation of a Russian real estate development company in negotiations with Western retail companies, in connection with a joint project to develop a shopping center in Moscow; drafting and preparing preliminary agreements, lease agreements, etc.
- Advising a leading Russian real estate development company in connection with the signing of lease agreements with foreign tenants; drafting and preparing comments to letters of intent, preliminary agreements and lease agreements.
- Representing a joint venture in connection with the construction and proposed lease of a business center in Moscow; drafting and preparing a standard lease agreement; negotiating a standard lease agreement with agents and marketing personnel.
- Representing a jointly created company in connection with the construction and contemplated lease of a premium office in the center of Moscow; drafting and preparing a standard lease agreement and discussing it with agents and marketing representatives.
- Advising a major international company on termination of a lease (non-residential premises totaling approximately 6,500 sq. m.).
- Representing a Russian real estate development company in negotiations with Western retail companies, in connection with a joint project to develop a shopping center in Moscow; drafting and preparing a preliminary agreement, lease agreement.
Support of disputes in the field of real estate and construction
- Supported a dispute on the contractor’s side to recover debts under a construction contract, which was financed from the state budget of Russia. Quality claims were filed against the contractor, and the client also refused to pay for the work performed due to a lack of financing. Claims were brought against the client, the actual user of the facility, and the Ministry of Finance of the Russian Federation as a subsidiary debtor. As a result, the claim was satisfied in full, and the debt was recovered with interest accrued in full.
- Supporting a dispute over recovery of the cost of work performed under a construction contract on the side of the defendant. Construction was performed on the basis of a trilateral construction contract with the participation of the contractor, the client and the end user of the facility, which financed and controlled the progress and quality of construction. The client was sued for the quality and timing of the work. As a result, only the value of works recognized and not disputed by the client was recovered.
- Represented international engineering and architectural firm in a case regarding recovery of debt under a contract for design-construction documents for construction of a large office complex (on behalf of defendant-customer). The claim was filed as a result of non-payment for duly performed and submitted works. On the part of the client were claims over the quality of work beyond the prescribed period of time. As a result, an amicable settlement was reached under which only the works recognized by the defendant were paid.
- Supporting a dispute over retention by the contractor of the constructed facility on the client’s side. Contractor retained facility due to non-payment for work performed. Client-customer asserted quality claims. The contractor demanded to retain the facility and give him the opportunity to sell it. As a result of the lawyers’ work, the contractor’s claim was rejected in full.
- Support in a dispute related to commissioning of an object with missing documentation illegally retained by the contractor (on the side of construction client). An application was filed seeking invalidation of actions of local authorities which denied commissioning, local authorities, local prosecutor’s office, contractor, local land authorities were involved in the case. The application was satisfied, the refusal to commission was found illegal.
- Developing pre-trial strategy for a Russian developer in construction of Russia’s first private medical center and business park; analyzing consequences of breach of obligations by contractor in construction in the absence of cooperation by an engineering company.
- Supported a dispute over recovery from a contractor of an unreasonably withheld amount due to unilateral termination of a construction contract by the client (on the client’s side). Claims on timing and quality of works were filed, as well as notice of termination of contract was sent. The debt was recovered in full.
- Support of a dispute on the client’s side to recover debt under a contract for design/construction documentation development for construction of a large office complex. The claim was filed as a result of failure to pay for duly performed and submitted works. Claims were made by the client that the quality of the work was outside of the established terms. As a result, an amicable settlement was reached under which only the work acknowledged by the defendant was paid for.
- Advising a Russian microelectronics manufacturer in connection with a dispute with a general contractor: contract and performance documentation review, drafting of legal position, litigation representation.
- Advising a major Moscow developer in connection with a contractor’s failure to meet construction deadlines: analysis of construction contract and performance documents, drafting of legal position and litigation.
