Advice for the construction industry

Legal services for companies in the construction sector

  • Integral legal advice in public and private works.
  • Legal advice in the rehabilitation of real estate.
  • Judicial and arbitration construction proceedings.
  • Liability of the different construction agents for construction defects.
  • Claims for damages due to the work carried out.
  • Commercial transactions - Real Estate Transactions.
  • Expropriations and urban property.
  • Management of urban planning licenses.
  • Advice on public bids.
  • Industrial and logistic works.
  • Advice on occupational risk prevention.
  • Tax advice.

Advice on the phases of project development

Our lawyers specializing in the construction sector provide comprehensive legal advice, from the project development phase, contracting, and up to the construction execution phase and its reception and any dispute arising during the various phases of the construction process, in cases of breach of contract between the parties involved: 

  • Negotiation and mediation between the parties in conflict between developers - construction companies - architectural firms.
  • Advice in pre-litigation proceedings: design of legal strategies.
  • Advice and representation in judicial and arbitration proceedings.
  • Problems of raw material costs.
  • Appeals against penalties and fines: legal advice on all types of contracts (construction execution, subcontracting, turnkey (EPC), "open books" contracts, FIDIC contracts, sale and purchase, lease-back, etc.).
  • Legal advice on problems in the execution of contracts: contractual modifications, technical modifications, non-compliance with deadlines, loss of financing due to delay in the delivery of housing, construction defects, termination of condominiums, evictions.

Q&A - Frequently asked legal questions for the construction company

Yes, in certain cases. Therefore, the lawyers specialized in the sector will help you to analyze your particular case.

No, it will depend on the type of contract and the circumstances of each case.

Not in all cases. It will depend on the contract signed and the specific case. It is essential to analyze it with expert lawyers in the sector, both before and after signing it.

It is a type of contract that tries to avoid the damages that may be caused to the builder by a price variation during the execution of the work.

These are model contracts widely used in international works contracting.

They are appropriate contracts to resolve disputes arising through arbitration, but it will depend on each specific case whether or not to include the arbitration clause.

Yes, as long as the builder is not responsible for the exceeding of the deadline. 

No, if he does so without just cause, the promoter may claim damages from him.

Yes, but he will have to compensate the builder for the work already executed, the expenses and the profits he expects to obtain.

They are those defects, whether they are finishing, habitability or structural defects that affect the constructed work.

It is necessary to distinguish between the term of guarantee and the term to claim:

  1. The first one refers to the term in which the claimable defects can arise (1 year if they are of finishing, 3 if they are of habitability and 10 if they affect structural elements).
  2. The second refers to the time limit for initiating the claim, which will be 2 years from the time the defect arises if an action under the LOE is brought and 5 years if a contractual action is brought.

Yes, as long as you can prove them, but it is always advisable that any modification be recorded in writing, as this is the only way to prove the agreement. Always consult with a lawyer specializing in the construction sector to avoid problems.

Contact with construction specialized lawyers

Very few firms can provide their clients in the construction industry a vision as comprehensive as the one we have at Ceca Magán Abogados. Our experience in litigation, commercial, tax and labor law allows us to provide 360º advice, which means great added value to our clients’ construction projects. Those who start working with us never leave. There must be a reason for it. Shall we talk?

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José María Ciruelos Gallego José María Ciruelos Gallego director and lawyer of public and regulatory law
José María Ciruelos Gallego

José María Ciruelos Gallego

Administrative Law and Regulated Sector Area Director