Construction Law

Construction Law. The construction industry is experiencing rapid development, being one of the key sectors of the global economy. The constant growth of urban development, infrastructure projects and housing construction increases the need for competent legal support of construction activities, including the development and modification of agreements and contracts at each stage of the project life cycle (pre-FEED, FEED, EPC contracts and FIDIC contracts). Law Council Group specialists have sufficient experience in construction law and knowledge of its specifics to provide qualified support to our clients.

Legal services provided by us:

- Drafting and negotiating contracts for the preliminary and main stage of design (pre-FEED, FEED). The basic components of pre-FEED (pre-Front End Engineering Design) and FEED are important stages in the life cycle of engineering projects. In pre-FEED, the technical and economic aspects of the project are preliminarily studied with a focus on the feasibility of the endeavor. FEED is a more extensive stage that includes the development of technical and commercial documentation to evaluate all solutions and possible risks. Law Council Group offers legal services in Astana to analyze and optimize contractual terms and conditions, taking into account the requirements and terms of the project, as well as to protect the client's interests in interaction with counterparties and state authorities.

- Preparation of EPC (Engineering Production Contract) and related contracts (EPs; EPC(M)). In the construction world, the EPC is a fundamental tool for project delivery. It brings together engineering design, manufacturing and construction under a single contract. Supplemental Agreements (EPs) and Modifications (EPC(M)) may be necessary to clarify details or adapt to changes in the project delivery process. Law Council Group's experts specialize in the preparation and maintenance of such contracts, providing professional expertise and legal protection at all stages, from initial negotiations to the closing of the deal.

- Drafting construction contracts based on FIDIC contracts. FIDIC contracts are a unified contractual standard recognized in many jurisdictions and applicable to construction industry projects. Their flexible structure allows specific terms to be amended as necessary to meet the individual requirements of the project, facilitating its full realization. Legal services from Law Council Group include the development of contractual terms agreed upon and beneficial to all parties based on FIDIC's model contracts - Red, Yellow, Silver and Pink Book.

- Developing and negotiating license agreements with technology owners. The need to use special technologies in construction works implies contacting their owner - an individual or a legal entity with whom a license agreement is to be concluded. Law Council Group specialists provide legal services to conclude license agreements that meet the client's interests and ensure unimpeded use of the equipment.

- Participation in the preparation and agreement of annexes, rules and procedures to EPC contracts. Annexes, rules and procedures to EPC contracts play a key role in ensuring clarity and completeness of the terms of the agreement between the parties. These documents detail the technical and commercial aspects of a construction project, define the parties' responsibilities and dispute resolution procedures. Law Council Group's services include analyzing the client's requirements, drafting relevant documents to international standards and legal due diligence to ensure consistency and legality of all contract terms.

- Negotiating investment and construction contracts with Kazakhstani and international project lenders and banks. Investment and construction contracts play an important role in securing financing and successful implementation of construction projects. They establish investment terms, performance guarantees, deadlines and risk management procedures. Law Council Group provides legal services on preparation and negotiation of investment and construction contracts, including analysis of lenders' requirements, development of agreed contract terms and legal support at all stages of the project.

• Development and approval of contracts for the preliminary and detailed design stages (pre-FEED and FEED).
• Preparation of EPC (Engineering and Manufacturing Contract) and related contracts (EPs; EPC(M)).
• Drawing up construction agreements based on FIDIC contracts.
• Development and coordination of licensing agreements with technology owners.
• Participation in the preparation and approval of applications, rules and procedures for EPC contracts.
• Coordination of investment and construction contracts with project lenders and banks from Kazakhstan and abroad.
• Support in the development of ITB (Invitation To Bid) packages when selecting an EPC contractor.
• Consulting on customs and tax regulations.
• Assistance and advice in case of disputes arising during the implementation of EPC projects.
• Management of claims and lawsuits under EPC contracts (EPC claim management).