Construction and Real Estate Law
HMP's services in the fields of construction and real estate law include all legal aspects in the planning, construction, financing, transaction and administration of real estate. These comprise the following in particular:
- Project development agreements and planner agreements, including architectural and engineering contracts
- Construction contracts, turnkey agreements and general contractor agreements
- Purchase agreements
- Liability for defects, claims for compensatory damages, contractor liens
- Lease and leasehold agreements, particularly for commercial properties
- SIA standards, particularly 102, 103, 108, 118 etc.
- Areas of public law, including contaminated sites, bidding procedures, appeal procedures for complaints relating to construction
Some Deals & Cases
Defect management for a building principal vis-à-vis contractors and buyers for several large-scale residential construction projects in the city of Zurich.
Multiple successful complaints about bidding procedures for a company specializing in asbestos remediation.
Ongoing advice and representation for a publicly listed real estate firm in all aspects of real estate and building contracts for the development of major construction projects.
Renegotiation and redrafting of dozens of building lease agreements for an oil company’s Swiss petrol stations.
Advice and representation for building principals whose house tilted as a result of excavations for a municipal street.
Support/representation of bankruptcy assets during the sale of properties in Italy, Spain, Israel, Turkey, USA, Hong Kong, Singapore, India, and Argentina.
Advice for real estate fund in connection with deficiencies and inconsistencies in the purchase of an investment property.
Review and revision of standard purchasing agreements for condominiums in larger new construction for seller who independently builds and sells properties.
Procedural advice for landlord on termination of leases due to reconstruction in residences in the city of Zurich due to planned refurbishments.
Enforcement of a claim under a construction contract on behalf of a façade construction company, including dispute resolution related to a defect.
Advice and representation for an architect in connection with significant claims arising from an alleged planning/project development error.
“Lex Friedrich” proceeding through all instances in the sale of a hotel.
Drafting of standard planner agreements for publicly listed real estate company.
Support for a company in the process of preparing an expert determination of contested additional financial claims in connection with the redevelopment of a shopping center.
Preparation of a new lease agreement for a factory property with contaminated soil in connection with an acquisition also being supported by HMP.
Drafting of a general contractor agreement for tenant's fit-out works and review of the corresponding building shell lease agreement on behalf of the building principal/landlord.
Comprehensive expert opinion for a major Swiss real estate company on the question of exclusion of warranty and assignment of rights to assert claims for defects under construction contracts in the case of condominium ownership.
Representation of bankruptcy assets in a large Swiss bankruptcy proceeding for disputes involving ownership of several properties located in the world’s most important economic centers.
Review of a complex rental of business offices prior to construction of the rental property for a company in the construction industry.
Advice for buyer on the purchase of a property in Einsiedeln with complex configuration of easements and building rights.
Judicial enforcement of a lease agreement for business offices of an international automotive group in central Zurich.
Representation and advice for a building principal before and after bankruptcy of the turnkey contractor hired for construction of a single family residence, including termination of contract, defense against contractor’s liens, and enforcement of claims against the financing bank, bankruptcy assets, and officers.
Advice for water reservoir operator involving claims for compensatory damages resulting from an accident during tunnel construction.
Representation of the auditors of a bankrupt general contractor in civil proceedings in defending against claims by the co-owners of two shopping centers.
Drafting of a standard turnkey agreement for a major real estate company that executes and sells construction projects as a building principal.
Expert opinion for one of the largest real estate manager in Switzerland involving a claim to a broker’s commission for the sale of industrial development land to a major furniture retailer.
Sale of properties in block transactions from a pension fund to the real estate fund of a major bank.
Ongoing advice and representation for a construction company specializing in asbestos remediation.
Representation of a cinema operator in a central Zurich location in proceedings involving lease termination.
Drafting and ongoing revision of standard construction contracts for publicly listed real estate company as building principal.
Review of a lease agreement for a commercial property in a top location in Zurich.
Appointment as member of creditors’ committee in the bankruptcy of a subsidiary of a large turnkey contract.
Drafting of a construction contract for the construction of a solar power plant on behalf of the building principal.
Legal representation in 25 simultaneous proceedings for defense against contractor’s liens (with complex third-party ownership structures).
Construction contract for the renovation of a luxury boutique on Bahnhofstrasse for an international Italian construction firm.
Expert opinion for a large joint medical practice in Eastern Switzerland on the question of claims for compensation and duties of restoration to prior condition upon termination of a leasing arrangement in connection with extensive construction work performed by tenants.