Construction: civil engineering and public works
LexCase has developed an expertise dedicated to the construction and civil engineering sectors in France (public and private sectors), with an approach that is both technical and operational in support of projects, both in litigation and in advice and lobbying.
Our lawyers regularly act on behalf of builders and service providers (main contractors, subcontractors, suppliers, project managers, design offices) but also for public and private project owners or property developers.
The perfect mastery of public law and the CCAG Travaux, as well as the mastery of the AFNOR NF P 03-001 standard, allows our team to assist our clients on a daily basis in the management of their works operations (public and private), and to intervene at all stages of the projects: contracting and execution of operations.
Similarly, our perfect mastery of the CCAG Maîtrise d’œuvre and private contracts for project management, as well as of the geotechnical standard NP P 94-500, enables the firm to provide operational and efficient support to its project managers and design offices.
LexCase has also developed an expertise dedicated to the resolution of conflicts related to major construction projects. The Construction team assists its private and public clients throughout these large-scale, long-term operations in a wide variety of fields (urban renewal, hydraulic construction projects, sports infrastructure, road and rail infrastructure, administrative buildings, etc.). LexCase provides full legal support and global follow-up for the amicable resolution of disputes between parties.
Public and private procurement of works:
– contractual engineering (civil engineering, public works, project management, design offices)
– grouping agreements
– subcontracting agreements
– public development projects
– monitoring of public works procurement procedures
– monitoring of complex public works procurement procedures
– Requests for communication of administrative documents related to procurement procedures
– Litigation of public works contracts
Execution of public and private works contracts:
– Relations between companies and contractors in the context of the execution of works
– Insurance regime and legal framework of insurance issues on site
– Settlement agreements in connection with the execution of works
– Handling of site difficulties arising during the execution of the work (claims, disorders, accidents, interruption of work, disputes between companies, suppliers, subcontractors, delays in execution, payment of invoices, additional and/or modifying work, etc.)
– Follow-up of the acceptance of works and the year of perfect completion
– Follow-up of the establishment and finalisation of the general account
– Handling of difficulties arising after acceptance and invoking legal and/or contractual guarantees: removal of reservations, defects of perfect completion, non-conformities, defects, two-year defects, ten-year defects, intermediate defects, etc.
– Follow-up of amicable and judicial expert appraisals of works
– Support for negotiations, mediation and arbitration in the construction industry
– Preventive injunctions
– Emergency injunction
– Referral of expertise
– Action in contractual liability and legal guarantees
– Litigation at the end of the worksite
Litigation specific to public works contracts:
– Recourse during the contract award phase
– Recourse during the contractual execution phase
– Preventive actions
Amicable resolution of disputes
– Preparation of arguments and drafting of white papers
– Definition of strategies and steering of working groups with the contract manager
– Proceedings before amicable settlement committees (CCIRA or ad-hoc committees)
Major real estate and partnership projects:
– Definition, framing and implementation of contractual arrangements
– Monitoring the execution of project contracts, both in the construction phase and in the management, operation, maintenance and upkeep of infrastructure
– Assistance and targeted legal monitoring according to the specificity of each partnership contract (negotiation of contractual amendments; analysis of contractual claims mechanisms specific to the partnership project, etc.)
Our lawyers regularly conduct legal and practical training on public works contracts on the LEXFORMATION platform.