CounsellingConstruction and Public Works
Public works are under specific regulation, which requires the appropriate knowledge and specialisation to ensure optimum results in the planned project. We give advice on public as well as private contracting.
Our team has extensive experience in detecting opportunities to assess the suitability of offers and their preparation. We provide legal assistance and examine the specifications, we monitor the award in order to evaluate, where applicable, its possible challenge. We support the contractor by mediating as liaisons during the execution phase as regards questions with the Administration and any type of contingency. We also implement the most effective and appropriate collection mechanisms for each case. Our advice includes:
- Concession contracts for public works, public works contracts, public-private collaboration contracts.
- Getting permits, licences and authorisations from the various government offices.
- Processing Environmental Impact Evaluations and other administrative procedures related to the environment.
- Options through project management models: subcontracting or the Temporary Business Associations.
- Optimisation of planning processes of the PLAs; coordination of the relations with the Administrations, including administrative inspections and sanctioning files, all types of resources for any contingency, we give advice on environmental matters, including audits, and we direct all types of procedures in administrative and contentious channels.
- Alert system in the collection regime of the contract price, especially in the case of modifications of works and delays attributable to the Administration.
- Recovery system of debt acquired by the Administration (debt claim, administrative claim and administrative-contentious appeal) with special impact on the default interest.
The promotion of private works has been and is another of the labour sources that has fed the construction sector. The principal axis of our intervention is focused on preventive, continuing advice to the contractors’ internal advisors.
- We detect opportunities and we intervene actively in the negotiation and formalisation phase of the contract, reviewing it and establishing the mechanisms and precise guarantees to safeguard the interests of the contractor. Examination of licences, authorisations and possible conditioning factors for the work initiation.
- We supervise the agreements with suppliers and subcontractors.
- We solve any type of incidents during the execution process of the construction. On-site layout. Orders from the Project Management. Project Modifications and their impact on the deadline. Contradictory Prices. Possible application of penalties.
- Examination of the applicability of refunds of withheld amounts.
- Suspension of the work and incidents of contract termination, instrumenting the precise test for this purpose.
- We oversee the process of acceptance of the works and the specific processes for the liquidation of the construction works and of the contract.
- Overseeing all types of claim procedures of amounts, contractual and extracontractual liability.
- Defence in processes derived from the Building Standards Law.