Construction Law

Our Legal Office provides services which cover the entire investment process. We support both entrepreneurs and individual entities

Our team is composed of lawyers with the expertise in construction issues (including graduates of post-graduate studies) and persons with construction entitlements who are responsible for disseminating factual and technical knowledge on a daily basis.

We have a reason to believe that construction investment does not commence when a building permit is issued, but a way earlier. Therefore we are able to assist as early as at the stage of investment planning.

Providing legal counselling at the stage of construction investment processing encompasses the following six phases:



Identification of clients’ needs, participation in negotiations, investor/contractor verification

The stage is concerned with discussing with investors/contractors a construction process, and a preliminary legal analysis of real estate to be subject of investment.


Obtaining „Decision about land development conditions”  / ”local spatial development plan extract”

Considering the aforementioned stages and cooperating with a design company, our Legal Office deals with the following:
1. updating, or gaining a map from geodetic surveyors for design-related purposes;
2. inscribing boundaries of an intended investment on a current map, or a cadastral map in line with the rules of law,
3. filing an application for making a decision or issuing an excerpt (frequently jointly with the design conception – for opinion-related purposes ) together with maps.
4. prior to filing an application for decision about land development conditions, one has to submit preliminary proof of suppliers’ utilities regarding fittings of the site, or planned expansion.
5. obtaining certificates (local power, plumbing and gas plant): Filing applications + document confirming a right to property (extract from the land and mortgage register) + site location plan



Meeting particular conditions included in „Decision about land development conditions” /”local spatial development plan extract.”

1. utilities supply: electric energy, water, gas
2. acceptance of sewage and solid waste,
3. decision about excluding the land from farming and forest works.
4. opinion voiced by a Monuments Restorer or a Nature Conservation Officer.
5. other opinions, permits for particular location



Design preparation and obtaining a building permit


1. In the case of a ready design – adaptation to existing climatic and geological conditions, development and individual requirements (obtaining an agreement of original office regarding introducing changes in the design).
2. Land development project –  line systems and a building plotted for design purposes (Team Reconciliation Project, agreements of network administrators).
3. Filing an application for building permit jointly with a statement of a right to possess a real estate for construction-related purposes.



Proper stage of construction works commencement


1. negotiating and concluding an agreement with a contractor/further subcontractors with regard to the following;

  • delivery time of agreement’s provisions,
  • methods of agreement performance,
  • remuneration and payment terms,
  • security of agreement accomplishment,
  • establishing rights and obligations, 
  • works acceptance,
  • guarantee/safeguard and insurances,
  • contractual fines and withdrawal from the agreement. 

2. submitting a certificate of a planned date of construction works commencement.
3. submitting a statement of a site manager,
4. filing a statement by an investment supervision inspector,
5. legal assistance in negotiations and concluding contracts with further subcontractors and suitable notification of an investor,
6. legal assistance regarding contacts with an investor/contractor (parties correspond with the Legal Office),
7. voicing opinions about partial acceptances. 



Legal assistance subsequent to investor’s „acceptance”;

  1. making claims on account of contractual fines/unpaid remuneration,
  2.  voicing opinions with respect to the final acceptance,
  3.  legal representation in common courts of law and civil service organs on account of disputes which can arise both during and subsequent to investment,
  4. making claims for investor’s/contractor’s joint and several liability towards a contractor/further subcontractor.