Russian real estate market in recent years is in a state of rapid growth and development. Real estate and construction projects are large-scale and require increased attention and professionalism.
The Real Estate and Construction practice is one of the most specific areas of RI-Consulting activity, which requires, in addition to impeccable legal knowledge, an understanding of the non-legal aspects of the industry.
We have accumulated significant experience both in advising and solving individual industry-specific issues in real estate and construction, and in providing legal support for turnkey construction projects - from the design stage of real estate to commissioning and registration of rights.
MAIN AREAS OF RI-CONSULTING REAL ESTATE AND CONSTRUCTION PRACTICE:
- structuring of transactions for investment relations;
- option and investment agreements (drafting, negotiating draft agreements with parties, challenging in court, etc.);
- drafting contracts for the construction of large, residential and industrial facilities, legal analysis of existing contracts;conducting negotiations at the stage of conclusion and termination, including conflict negotiations;
- changing the designated use of land plots;
- privatization, recognition of ownership rights, including for collective appeals (lawsuits) on behalf of non-commercial entities, within the framework of the "dacha amnesty" legislation;
- obtaining rights to use land plots (lease, gratuitous use, etc.);
- consulting and risk analysis with regard to acquired real estate objects (industrial enterprises, land plots for construction of apartments, residential development, etc.);
- advising and representing Clients in negotiations on lease relations (from advice on the risks of the tenant/landlord at the stage of the contract to termination of contracts, recovery of damages caused by the leased property, etc.).
• Represented defendant (Contractor) in litigation against LLC (the Client) seeking recovery of 42.5 million rubles in debt and 69.2 million rubles in penalty for construction and installation works under Moscow - St. Petersburg highway section at the last hearing before the court of first instance. The Client was denied the claim and the appeal left the decision unchanged. The project is very important for the Client's industry, because in practice, unfortunately, customers quite often refuse to pay for work performed by contractors, and make it difficult to recover money in all possible ways. A unique feature of the project is also the fact that the Client deliberately signed the acts of work acceptance by an unauthorized person. In the court of first instance, he stated the expertise on disputing the signatures, which found that the signatures were not made by the General Director of the Client. Only at the stage of cassation appeal RI-Consulting succeeded in having such behavior recognized as bad faith, which, among other things, resulted in cancellation of judicial acts and sending the case for a new trial to the Arbitration Court of Moscow.
• Legal assistance in a court dispute over a claim of LLC against Client for recovery of unjust enrichment. The case was considered by the Moscow Arbitration Court and RI-Consulting prepared a legal position confirming the illegality of the claims made by claimant LLC, in connection with which the claims were denied.
• Represented the Client in bankruptcy proceedings since 2017. The Client's task was accomplished - the Client and the Client's beneficiaries were prevented from being brought to subsidiary liability for the Debtor's obligations in the bankruptcy case in the amount of 1.059 billion rubles, and the debtor's controlling persons were also brought to subsidiary liability in the amount of 753 million rubles. • Legal assistance in reviewing under new circumstances the ruling of the Moscow Arbitration Court on approval of amicable settlement agreement and termination of bankruptcy proceedings in which client was a creditor with 79 million rubles in claims and 901 million rubles in unexamined claims. RI-Consulting has achieved the task set by the Client, as the ruling of the Arbitration Court of Moscow on approval of amicable settlement was cancelled under new circumstances. The proceedings on the company's bankruptcy case were resumed. • Services in several lawsuits against a counterparty, against which bankruptcy proceedings were initiated, as well as against affiliates of the debtor. As a result of the litigation, the courts of the first, appellate and cassation instances fully denied opponents's claims, citing an abuse of right, and denied further review of judicial acts.
• Representing the interests of the Client for debt recovery under the construction contract and the amount of state fees in the total amount of 35.4 million rubles. By a decision of the Supreme Arbitration Court dd. 20.02.2021, the claim was satisfied. After the award the client turned to us for legal assistance. As a result of procedural and judicial actions we managed to prevent unreasonable collection of money.
• Representation and defense of Сlient (subcontractor) in a court dispute with opponent (subcontractor). The client's task was achieved; the decision of the court of first instance partially satisfied the claims of Client against opponent (the amount of penalty was reduced), the counterclaim of opponent against Client was dismissed in full. There has been formed a positive judicial practice on successful protection of interests of a contractual relations participant from unreasonable claims of the other party, based on false evidence.
Represented by Client in a court dispute with PIK-INDUSTRIA JSC to recover a penalty of RUB 10.2 million under a subcontracting agreement in connection with improper performance of works and violation of the deadline for their delivery. This project is unique in that due to the correct procedural position and defense strategy developed by RI-Consulting staff, the Court partially satisfied the initial claim of PIK-INDUSTRIA JSC (the Contractor) and partially satisfied the counterclaims of Client (the Subcontractor). The amount of the satisfied claims of the plaintiff and the defendant is the same, so the Court set off the counter claims of the same kind in accordance with Art. 410 of the RF Civil Code, as a result of which there are no monetary obligations of the parties to each other in the case.