Construction investments

Public procurements - support in tender proceedings

Representation before the National Appeals Chamber (KIO)

Assistance with construction contracts (FIDIC)

Construction investments - dispute resolution

Support to developers

Renewable energy sources

Due diligence

Large-size and industrial construction

Public-private partnership

Administrative matters - real properties

Tax advisory services

We work as an integral part of the investor’s or contractor’s team

We are not just external consultants focused on their narrow speciality. We view investments globally. Apart from legal knowledge you will be provided with:
  • business insight – understanding of the construction sector gained in numerous projects completed
  • comprehensive activities:
    • our team comprises lawyers and engineers
    • we deliver solutions and analyses including legal, technical, cost and economic aspects; we prepare valuations
  • we are focused on the client’s goals – legal and technical assistance is client’s specific interest-oriented, ongoing monitoring of the progress and status of task performance
  • flexibility in activities – we ensure:
    • substituting persons performing tasks, without interrupting the flow of information
    • modern means of communication tailored to the client’s needs

They have trusted us

  • PORR

  • Lafrentz Polska

  • IC-L INGENIEUR CONSULTING

  • Lafrentz Development

  • Mota-Engil Central Europe

  • Eurovia Polska

  • Salini Polska

  • Toto

  • Polaqua

  • SLX

  • Arcadis

  • Vastint

  • Budimex

  • Jaxa-Pol

  • Mostostal

  • WPIP

  • Kolin Instaat

  • Stecol

Projects completed

    Group 5519

  • Assistance to owner’s engineer services upon performance of over 20 contracts for construction of sections of expressways and motorways. Value of works ranged from PLN 110 to 800 million.

  • Legal and engineering assistance for two road construction contracts with a total value of PLN 895 million for a leading company (with Spanish capital) in road and railway construction sectors.

  • Co-operation upon implementation of three expressway construction contracts with a total value of PLN 862 million. Works were performed by one of the largest European construction groups (Italian capital), which implements road, bridge and railway projects etc. in Poland. DSK lawyers, engineers and cost estimators were involved in the works.

  • A lawsuit and a settlement agreement with the public contracting authority regarding the rebus sic stantibus clause (extraordinary price increase), resulting in client's savings of about PLN 80 million. Our client was an international leader in the construction market, member of the Spanish Group.

  • Developing a strategy and handling litigation against the State Treasury. The case concerned claims for an additional pay to the contractor for the road project worth about PLN 400 million. We have represented interests of a large company with Spanish capital which implements infrastructural projects as part of public procurements in Poland.

  • Our lawyers were members of the team implementing contracts for extension of the sea and land part of the LNG re-gasification terminal. The contractor was one of the largest construction companies in Poland, a member of the international Group based in Austria, which performs contracts with a total value of about PLN 1.7 billion.

Our key clients

Investors Contractors and subcontractors Developers Cubature construction sector Infrastructural construction sector Industrial construction sector Designers Energy sector Renewable energy sources Hydraulic engineering sector
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Następny
Strzałka

Public procurements - support in tender proceedings

Support to contractors

  • assistance in preparing, valuation and submission of bids
  • analysis of risks and opportunities upon carrying out procurement – we comprehensively verify terms of reference for clients’ needs
  • direct support in submission of bids online
  • preparing questions and requests for change of terms of reference
  • preparing supplements and explanations with respect to the bid

Support to the contracting authorities

  • support in selection of the type of proceedings, methods of financing and the subject matter of the procurement and its value
  • preparing tender documents and documents of the proceedings; support in publication of announcements, notifications and operation of IT tools
  • verification of the description of the subject matter of the procurement and other tender documents
  • assistance in procedures for reviewing and evaluating bids
  • assistance in selection of the best bid
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Representation before the National Appeals Chamber (KIO)

Support to contractors

  • analysis of opportunities and risks
  • direct support to the dedicated engineering and legal team (permanent support online)
  • verification of competitive bids
  • quick development of the concept of the client’s bid defence or challenging competition bids
  • based on knowledge and broad experience in proceedings before the KIO
  • drafting pleadings – bids, appeals and other
  • legal representation in court tailored to the client’s needs
    • activities tailored to the client’s needs:
    • minimum involvement of the client in preparation for the case, or
  • full cooperation with the client
  • we offer long-term knowledge of specific nature of decision making by the KIO – we know what  should be emphasised

Support to the contracting authorities

  • analysis of opportunities and risks
  • direct support to the dedicated engineering and legal team (permanent support online)
  • verification of pleas of the appeal / appeals
  • quick development of concept of defence based on knowledge and broad experience in proceedings before the KIO
  • drafting pleadings, including a reply to an appeal
  • legal representation in court tailored to the client’s needs
  • activities tailored to the client’s needs:
    • minimum involvement of the client in preparation for the case or
    • full cooperation with the client
  • we offer long-term knowledge of specific nature of decision making by the KIO – we know what  should be emphasised
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Assistance with construction contracts (FIDIC)

Legal and engineering assistance

  • analysis of contract documents, including tender documents – public procurements (e.g. terms of reference, description of the subject matter of the contract (statement of work), functional specification)
  • preparing baseline reports – analysis of opportunities and risks
  • preparing time schedules and critical path analysis
  • preparing cost estimates, appraisals
  • keeping a statement of work with our own system for day-to-day monitoring of investment costs
  • technical analyses of design and technical solutions
  • relationships with subcontractors – negotiations, performance, prosecution of claims
  • pursuit of a claim policy – assistance in obtaining additional fees, changes to contract deadlines
  • procedures for amendments to the contract
  • comprehensive correspondence with Contract Engineers and Contracting Authorities
  • established methods of activities and support in administrative procedures, e.g. in obtaining road construction consent / environmental decisions / building permits and occupancy/use permits
  • support in maintaining the budget, assistance in obtaining additional funds – owing to consistent strategy for contract performance, identification and mitigation of risks
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Construction investments - dispute resolution

  • Claims under FIDIC
  • Extraordinary price increase (e.g. rebus sic stantibus clause)
  • Additional works
  • Settlements with subcontractors

Scope of our services

  • handling matters during pending court proceedings and as part of ADR (dispute adjudication boards, arbitration tribunals, mediation)
  • assistance of cost estimators and engineers in valuation of price increase, additional works and costs related to claims based on FIDIC Contract Terms
  • development of a comprehensive concept of activities aimed at obtaining the best outcome for the client
  • cooperation with experienced economists who perform multiaspect analysis of economic developments
  • assessment of risks and opportunities related to dispute resolution
  • drafting all correspondence relating to the proceedings, including correspondence taking into account non-standard solutions for securing client’s claims
  • representing the client during proceedings
  • multiaspect analysis and recommendations for opinions of court experts and other expert opinions
  • risk mitigation
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Support to developers

Legal and engineering assistance

  • real estate audit, and recommendations and assistance during administrative procedures for e.g. environmental matters, matters related to historic monument protection, agricultural land, forest land
  • support of cost estimators in valuation of individual elements of development projects
  • comprehensive assistance in drafting and execution of development and other contracts, necessary documents in the investment process (information memorandum, reservation agreement, preliminary agreement, ownership transfer agreement)
  • direct support in obtaining EU funds and credits
  • assistance in opening escrow bank accounts and review of agreements with banks
  • support in relationships with the general contractor, subcontractors and utility providers
  • legal assistance in contacting the clients
  • creation of the concept of the project implementation, including tax analysis, corporate assistance (SPV)
  • day-to-day legal and engineering assistance relating to investments during implementation of a development project
  • legal and technical assistance aimed at attaining objectives set by the client
  • ongoing monitoring of the progress and status of task performance
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Renewable energy sources

Comprehensive tax, legal, technical and administrative assistance

  • analysis of property suitability to project implementation (legal due diligence of the real estate)
  • creation of the optimal concept of the project implementation, including tax analysis, corporate assistance (SPV)
  • assistance in verifying the compliance of the project with technical regulations applied
  • development of the concept and carrying out of necessary administrative proceedings, including co-operation with designers
  • drafting, verification and negotiation of e.g. renal and lease agreements and transmission easements to secure real properties for wind farm and photovoltaic projects
  • comprehensive support in negotiations and execution of agreements with funds, developers and financing institutions
  • analysis of risks and opportunities upon project implementation for the needs and goals of clients
  • direct support in pursuit of clients’ claims, if any
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Due diligence

Legal audit of enterprises and real properties

  • comprehensive legal and engineering assistance in devising a client development strategy, implementing ownership changes and enterprise reorganisation, and in commercial transactions
  • due diligence
    • verification of documents and analysis of risks and opportunities of project implementation for specific needs and goals of clients
    • cataloguing the documents of the entity under analysis
  • real property due diligence
    • analysis of the legal status of the real property, taking into account e.g. environmental matters, matters related to historic monument protection, agricultural land and forest land
    • cataloguing documents
  • assistance in negotiating final transaction terms
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Large-size and industrial construction

Legal and engineering assistance

  • comprehensive legal and engineering preparation of the investment
  • obtaining appropriate approvals, permits and administrative decisions concerning e.g. environmental matters, matters related to monument protection, agricultural land and forest land
  • assistance of cost estimators in valuation of works and changes
  • drafting, review and negotiations of agreements between investment partners
  • analysis of risks and opportunities upon project implementation for the needs and goals of the clients
  • ongoing and multiaspect assistance for the investments, including projects based on FIDIC Contract Terms
  • preparing baseline reports
  • pursuit of a claim policy
  • developing time schedules and analysis of impact of circumstances on contract deadlines
  • preparing cost estimates, valuations during the contract performance
  • keeping a statement of work with our own system for day-to-day monitoring of investment costs
  • representing the client in meetings, negotiations with the other contractual party
  • dispute resolution – amicable and in court
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Public-private partnership

Support at all stages of the project – to the public partner and the private partner

  • smooth preparation, in formal terms, of proceedings aimed at selecting private partners for the public sector
  • support upon proposal drafting and formation of an SPV for the public-private partnership needs for private partners
  • comprehensive analysis of risks and opportunities upon project implementation – verification of documents for clients’ needs
  • assistance in drafting the agreement, negotiating its terms and taking actions aimed at its proper performance
  • direct assistance in resolving potential disputes, also in court
  • multiaspect solutions and analyses taking into account legal, technical and cost matters, valuations, ongoing monitoring of the progress and status of task performance during the investment
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Administrative matters - real properties

Comprehensive legal and technical assistance

  • proceedings related to environmental matters (including waste), agricultural land, forest land, land use conditions, approvals regarding the traffic circulation system
  • legal and engineering assistance at all stages of administrative proceedings and proceedings before administrative courts and authorities
  • handling administrative matters in order to obtain key administrative decisions for construction projects, including building permits and occupancy/use permits
  • assistance in drafting letters in the administrative procedure
  • development of multiaspect concepts of activities aimed at best interests and needs of the client
  • analysis of risks and opportunities of obtaining favourable decisions of authorities and courts
  • direct support in filing applications for administrative decisions including by electronic means
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Tax advisory services

  • Long-term contracts (FIDIC)
  • VAT in real estate transactions
  • Contract cooperation (consortia)

Scope of our services

  • VAT and income tax planning (including consortia)
  • establishing rules of tax settlements for long-term contracts
  • support in tax settlements for substitute performance and contractual penalties
  • ongoing bookkeeping assistance
  • support in tax settlements for employees and management boards
  • establishing the tax status of the real properties
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