Real estate, construction
In the real estate and construction sectors. Our group supports investors, developers, construction companies, and public entities in managing and developing complex real estate projects. We operate in various areas, including international arbitration related to construction projects, real estate financing, dispute resolution, and structuring real estate transactions, such as commercial leases, real estate development contracts, and hotel projects. We also provide expertise in urban planning, environmental regulations, and liability management, enabling our clients to secure their investments and optimize development processes.
Areas of Practice
Litigation
We represent clients in disputes concerning complex real estate projects, including construction litigation, ten-year liability claims, and disputes related to property sales. We also handle cases involving non-performance of sale agreements for properties under construction (VEFA) as well as expropriation and pre-emption disputes in urban planning projects.
Assistance in the Construction of a New Factory
We supported an international group in the construction of a new factory in France. Our assistance included drafting preliminary contracts (APS and APD) and the real estate development contract. We also handled issues related to early availability of premises and managed pre-completion works.
Representation in Decennial Liability Disputes
We represented a construction company in judicial proceedings initiated by a condominium regarding decennial liability claims. We analyzed contractual and technical documents, coordinated with experts, and negotiated with stakeholders. We also provided expertise on liability issues and insurance guarantees under applicable law.
Real Estate Taxation
We advise clients on real estate taxation, including tax strategies for property transactions, structuring investments in assets such as offices, hotels, and warehouses, and tax issues related to REITs (SIIC) and real estate investment trusts (OPCI).
Intellectual Property
We offer expertise in intellectual property for construction projects, particularly for managing trademarks and patents related to infrastructure and hotel developments. We also advise on protecting designs and models in architectural projects and managing trademark portfolios.
Financing
We assist clients with financing real estate projects, including hotels, offices, warehouses, and coworking spaces. Our services cover structuring financing for property development projects, institutional landlords, and real estate investment funds.
Advice on the Construction of a Production Facility
We supported a leading manufacturer of automotive and plastic coatings in building a new production site on a former airbase. Our role included drafting and negotiating the development contract and integrating agreements for industrial processes. We managed construction oversight and insurance coverage and advised on disputes arising during construction, including urgent legal proceedings initiated by subcontractors.
International Arbitration
We support clients in international arbitration for infrastructure and construction projects, handling complex disputes involving EPC (Engineering, Procurement, and Construction) contracts, liability claims, and performance-related conflicts in large-scale developments.
Domestic Arbitration
Our domestic arbitration experts address national disputes, including condominium conflicts, construction liabilities, and lease agreements. We also handle arbitration for hotel management contracts and commercial real estate projects.
ADR & Mediation
We promote ADR (Alternative Dispute Resolution) and mediation to settle disputes in construction projects, including conflicts among developers, builders, and stakeholders in infrastructure projects, as well as compliance issues in commercial leases.
Liability
We advise on liability management in real estate and construction projects, covering liability for developers, contractors, architects, and builders. We also handle claims related to construction insurance and damages.
Mergers and Acquisitions (M&A)
We assist clients in mergers and acquisitions in the real estate and construction sectors, including transactions involving real estate asset portfolios, property development companies, and construction firms. We are also involved in the acquisition of hotels and commercial real estate projects, and in structuring and negotiating partnerships between project owners and investors.
Assistance in a Partnership for a Tourism Development Project
We advised a public entity in negotiating a partnership with a British investment fund for the development, construction, and operation of a major tourism complex, including a renowned golf course in Europe. We structured the partnership, conducted due diligence, and managed M&A and real estate aspects, including drafting and negotiating investment agreements, warranties, shareholder agreements, and financing instruments. For construction, we advised on contracts such as works agreements, development contracts, and management contracts.
Restructuring
We offer expertise in restructuring real estate companies, managing asset portfolios, and reorganizing large-scale projects, taking into account tax and contractual implications.
Acquisition and Renovation of a Building on the Seine in Paris
We assisted a client in acquiring, restructuring, and renovating a building located on the banks of the Seine in Paris. We drafted and negotiated contracts, including agreements with the project manager, architect, and contractors. We also managed preventive measures involving over 30 stakeholders and obtained required permits (DRAC approvals, co-ownership authorizations). We further advised on insurance coverage for the project.
Corporate Law
We assist clients with the legal structuring of their real estate projects, optimizing the management of development companies, joint ventures in hotel projects, and holding companies for real estate assets.
Transactions
We advise on complex real estate transactions, including sales, transfers of shares in property companies, and structuring projects under construction (VEFA). We also manage sale and leaseback operations and commercial leases.
Structuring
We support clients in structuring large-scale infrastructure projects, taking into account legal and tax implications of leases, development contracts, and financing structures.
Hospitality
We offer expertise in the hospitality sector, advising on management contracts, commercial leases, and investment structuring, including hotel acquisitions, financing, and managing liabilities in tourism development projects.
Contracts
We draft and negotiate contracts in the real estate sector, including real estate development agreements, construction contracts, commercial and residential leases, and joint venture agreements for large-scale projects.
Condominium Law
We provide legal solutions for condominium owners and associations, managing lease agreements, maintenance contracts, and disputes related to condominium management.
Construction Insurance
We assist clients in managing construction insurance policies, ensuring adequate coverage for specific risks such as ten-year liability and damage insurance for construction projects.
Urban Planning
We address urban planning issues related to real estate projects, including pre-emption, expropriation, and obtaining administrative permits required for project completion.
Environmental Law
We advise on environmental compliance for construction projects, ensuring adherence to environmental regulations, sustainable building standards, and minimizing ecological impacts.
Examples of Support
Discover our Observatory of energy transitions 2024 – Decarbonization of companies: the self-consumption boom
Deals
Awards
The expertise of the construction group at De Gaulle Fleurance encompasses contentious, advisory and transactional matters. The team routinely assists clients with construction, renovation and redevelopment, as well as related disputes.
De Gaulle Fleurance Fleurance & Associés can offer a wide range of expertise in real estate consulting and litigation.