Real estate construction

Abu Dhabi Plaza Astana subcontractors legal advice and support upon FIDIC contract application in Kazakhstan.

What we do:

  • Legal support in negotiations, development (redevelopment and renovation), construction and commissioning of residential, commercial, infrastructure, industrial and manufacturing property;
  • Selecting the appropriate contract form, including EPC, EPCM, FIDIC (construction, design development, engineering, construction management, services);
  • Risk assessment (consulting, legal support) in the construction and design of different structures;
  • Legal expertise of signed contracts for construction, design, procurement and subcontracting;
  • Structuring and legal support of transactions on the purchase and sale of the real estate property;
  • Due diligence;
  • Legal support of claim procedures;
  • Litigation;
  • Legal opinions on specific issues.

What have we done:

  • Legal support of part of the project for the construction of south-west roads and the international transit corridor Western Europe – Western China, worth of more than USD 70 million;
  • Advising on the contracts of construction of the Almaty Financial District and the Esentai Park Almaty, the projects worth of more than USD 1 billion;
  • Claim settlement and litigation with the contractor Enka Insaat. The amount of claims was about USD 30 million;
  • Abu Dhabi Plaza Astana subcontractors legal advice and support upon FIDIC contract application in Kazakhstan;
  • One of the Big Four consulting firm legal support in the questions of licensing, construction based on EPC and FIDIC contracts in Kazakhstan;
  • Special trainings (seminar’s) for such companies as AES, Siemens, Development Bank of Kazakhstan, etc. about construction in Kazakhstan based on EPC and FIDIC contract terms.

Property management

A legal memorandum development for an international hotel chain (with the USA based central office) in respect of the hotel and property management in the Republic of Kazakhstan.

What we do:

  • Choosing the form, structuring the transactions, searching ways to manage the facility/project;
  • Ruling the difficult issues related to different property ownership management;
  • Legal support for developers and property owners;
  • Rent relations in commercial property and beneficial ownership;
  • Legal opinions on specific issues;
  • Due diligence;
  • Litigation.

What have we done:

  • Preparation of contracts for shopping (Esentai Mall) and entertainment centers (Amusement Park Erke) and office complexes (Esentai Tower, Almaty Financial District, Marden Property) in the cities of Almaty, Astana, Karaganda, etc;
  • Legal expertise of the transaction on beneficial ownership of the industrial base in Almaty;
  • Due diligence on the acquisition of the international airport in the Republic of Kazakhstan;
  • A legal memorandum development for an international hotel chain (with the USA based central office) in respect of the hotel and property management in the Republic of Kazakhstan;
  • Residential complex property management system consulting for Kazkommertsbank;
  • Shahnaz bussiness center (Astana) management agreeement development;
  • Participation in legal structuring for Esentai Tower property management project including Ritz Calton Almaty.

Corporate law

Obtained the first and second category licenses to perform design and construction works, execution of research for different foreign construction and design companies.

What we do:

  • Development and planning of corporate structures;
  • M&A deals in Kazakhstan;
  • Competitive regulation;
  • Licensing for construction, assembling and design works (in all categories and subtypes) and survey activities in Kazakhstan;
  • Due diligence
  • Litigation;
  • Legal opinions on specific issue

What have we done:

  • Legal support while entering Kazakhstani market by such companies as Citec Engineering Russia, Investproject, Austrian energy holding company, etc.
  • Obtained the first and second category licenses to perform design and construction works, execution of research for different foreign construction and design companies for Citec Engineering Russia, Investproject JSC, Austrian energy holding company, etc.;
  • Dealing with issues of economic concentration for the development company (Competitive regulation);
  • Corporate dispute negotiations on the preliminary stage;
  • The sale purchase deal legal support in respect of the Shahnaz bussiness center (Astana).

Litigation

Claim work, consulting and litigation in respect of the FIDIC based contracts claims in Kazakhstan.

What we do:

  • Construction and management real estate litigation, including based on FIDIC and EPC contracts;
  • Representing in local Republic of Kazakhstan courts (first instance, appeal, cassation, Supreme Court of Republic of Kazakhstan);
  • Preliminary analysis and strategy development;
  • Memorandum development for International arbitration courts;
  • Legal expertise. 

What have we done:

  • Foreign client corporate rights recovery in Kazakhstan;
  • Representing the Italian construction company Impresa engaged in road construction, in the proceeding against the contractor who precluded the enforcement of security – the bank guarantee;
  • Claim settlement and litigation with the contractor Enka Insaat. The amount of claims was about USD 30 million;
  • Claim work, consulting and litigation in respect of the FIDIC based contracts claims in Kazakhstan;
  • Kazkommertsbank and local physical person real estate litigation legal expertise. The subject are the apartments (around USD 6 million cost) ownership argue;
  • Representing in local courts against Astana International Airport, we have won for our Client around USD 0,5 million.