Our firm advises owners and contractors in the preparation and negotiation of construction contracts and in particular in relation to the following matters: 
 

1. Risks and allocation of responsibilities.
   • Allocation of risks between the contractor, the owner and third parties.
   • Clauses on force majeure, fortuitous event, and unforeseeable risks.
   • Compulsory insurance and adequate coverage (CR, all risks, etc.).
      
2. Contract amendments (change orders)
   • Changes in the scope of the project.
   • Formal approval of modifications.
   • Adjustments in price and deadline derived from the changes.
      
3. Deadlines, delays and penalties
   • Identification of justified vs. unjustified causes of delay.
   • Application of liquidated damages clauses.
   • Procedures for extension of deadlines.
      
4. Dispute resolution mechanisms
   • Choice between arbitration, ordinary jurisdiction or alternative mechanisms (DAB, conciliation).
   • Multi-tier dispute clauses.
   • International jurisdiction in contracts with foreign parties.
      
5. Payments and financing
   • Progress payment structure vs. milestone payments.
   • Certified payments.
   • Retention money.
   • Cash flow issues for subcontracted contractors.
      
6. Liability for defects and warranties
   • Work warranties.
   • Liability for hidden defects or construction defects.
   • Provisional and final acceptance procedures.
      
7. Subcontracting
   • Limitations to subcontracting by the main contractor.
   • Joint and several liability in some legal regimes.
   • Technical and legal coordination between multiple contractors.
      
8. Regulatory compliance and permits
   • Obtaining construction, environmental and urban planning licenses.
   • Occupational safety standards and accident liability.
   • Compliance with building codes and technical regulations.
      
9. Early termination of the contract
   • Causes for early termination due to default, mutual agreement or convenience.
   • Legal effects of the termination (compensations, liquidation of executed work).
      
10. Interpretation of technical and contractual clauses
    • Ambiguities in technical specifications.
    • Conflicts between drawings, specifications and general conditions.
    • Preference between contractual documents in case of contradiction.

Our experience includes:

Advice on government to government contract negotiation for the project office in view of the construction of hospitals and corporate advice for a multinational company providing project management services (USD 800 million).
Corporate structuring advice for multinational company in government-to-government contract for the project office in view of the construction of the central highway (USD 6.4 billion).
Advised on preparation of FIDIC SILVER, FIDIC YELLOW contracts for hospitals. 
Advising on the preparation of construction contract for the construction of a foreign research institute.
Advising on the preparation of construction contract for the construction of a college institute.
Advising on the preparation of signaling services contract for an airport.