Construction law

LexCase assists its private and public clients at all stages of their project: from the preparation of the file subject to planning permission to the implementation of the construction or renovation operation (advice and litigation), in both the public and private spheres.

Obtaining planning permission

LexCase advises its clients from the design stage of their project in order to facilitate and secure the obtaining of all administrative authorisations required for construction operations:

– Analysis of the feasibility of the project with regard to the applicable town planning regulations (PLU, PPRI, Loi Littoral, Loi Montagne, Regulations relating to commercial town planning, etc.)
– Audit of applications for town planning authorisations (building permits, development permits and prior declarations);
– Follow-up of the procedures for the instruction of authorisation requests (instruction deadlines, relations with the instructing services, public enquiry, etc.);
– Securing granted authorisations and accompanying requests for amending or regularising authorisations;
– Litigation associated with the defence of authorisations obtained or the challenge of authorisation refusals

Public and private construction contracts

LexCase assists its private clients (private owners / works companies / design offices, project managers / developers, lessors, lessees) and its public clients (public owners / administrative authorities) in a global and strategic manner in the preparation, negotiation and execution of their contractual business relations in the construction field:

– Works contracts, public works contracts
– Partnership contracts and complex construction operations
– Private or public delegated project management contract
– Real estate development contract
– Grouping of companies agreement
– Subcontracting contract
– Project management contract

Construction law litigation

LexCase acts in pre-litigation and litigation on all its clients’ operations before the judicial and administrative courts in connection with construction and public-private cooperation operations.
Litigation before the judicial and administrative courts:

– Pre-litigation negotiation and amicable resolution of disputes
– Administrative and judicial litigation on town planning authorisations;
– Preventive injunction
– Interim expert report
– Provisional injunction
– Litigation at the end of the building site (final general statement of account, penalties and deductions, removal of reservations and defects under the completion guarantee, additional/modifying work, non-payment of invoices etc.)
– Implementation of legal guarantees
– Liability disputes (professional civil liability, ten-year contract, etc.)
– Direct action against insurers

And specific litigation before the administrative courts:

– Pre-contractual / contractual summary proceedings
– Post-contractual indemnity recourse
– Amicable and contentious claims (CCAG Travaux, CCAG Maîtrise d’œuvre)

Regulatory construction law

LexCase offers legal frameworks and strategic support to private and public companies and public institutions on the highly technical aspects of construction law:

– Subcontracting ;
– Assistance to public or private project owners; missions of public or private project owners;
– Organisation and safety of construction sites;
– Project management assignments;
– Geotechnical missions ;
– Archaeological excavations on the site and the role of the General Directorates of Cultural Affairs; etc.

Responsable(s) du Département Construction law