Real Estate and Construction

The law firm has long-term legal assistance agreements with a number of prominent construction companies and real estate agencies; therefore, we deal with practical issues of legal regulations of constructions and real estate on a regular basis. We draft real estate sale, lease, sub-lease, mortgage, contracting, sub-contracting, design and other contracts, provide advice on legal issues of construction activities, exercise and implementation of rights and obligations of the parties in construction works, land, territory planning and other issues. Lawyers of the law firm have considerable experience in representing the rights and interests of both contractors and subcontractors in the courts of all instances.

Experience

Attorneys-at-law of the law firm represented a foreign investor in carrying out an acquisition of a supermarket in Kaunas (with the area exceeding 22,000 sq. m), advised the client on all issues related with the acquisition, and provide legal services related to management of the store after the acquisition.

Attorneys-at-law of the law firm successfully represented a residential house construction association in litigation with the National Land Service under the Ministry of Agriculture concerning recognition of termination of the state land lease agreement as unlawful. The unilateral termination of the state land lease agreement was recognised to be unlawful and invalid in result of which the client has preserved the possibility to implement the planned project of construction of a residential apartment building.

We represented a client – owner of a building in litigation with the State Territorial Planning and Construction Inspectorate under the Ministry of Environment concerning unauthorised construction acts and demands to eliminate the results of unauthorised construction. The court of the appellate instance agreed with the reasoning of our attorneys-at-law and cancelled the unjustified acts and demands of the State Territorial Planning and Construction Inspectorate. The building constructed a number of years ago was preserved and the client was able to continue its activities in the building.

We represented a construction company (contractor) in litigation with a subcontractor concerning payment for works performed and compensation of losses. Attorneys-at-law of the law firm were able to prove that the subcontractor  violated the time limits for works provided for in the contract, failed to perform and transfer the works to the contractor within the limits laid down in the contract, the works were defective and the contractor sustained losses as a result. The subcontractor’s claim was rejected and the counter-claim of our client was partially upheld.

We provided legal services to a construction company during negotiations concerning implementation of a project the value of which exceeded EUR 6.5 million, drafted/coordinated the contract of works, advised on the legal issues arising during its implementation.

We successfully represented the client in litigation concerning interpretation and implementation of a contract of works (awarding a debt, unlawful termination of the contract, invalidation of the statements of completed works). A panel of judges of the Division of Civil Cases the Supreme Court of Lithuania annulled the ruling of a panel of judges of the Division of Civil Cases of the Court of Appeal of Lithuania unfavourable to the client  and ordered a renewed procedure to be conducted by the court of the appellate instance. The dispute was resolved by a settlement agreement favourable to the client.

We successfully represented a client in litigation concerning recognition of termination of a lease agreement as invalid and awarding a compensation of losses. A panel of judges of the Division of Civil Cases the Supreme Court of Lithuania examined the appeal in cassation prepared by the firm’s attorney-at-law and materially amended the ruling of  a panel of judges of the Division of Civil Cases of the Court of Appeal of Lithuania unfavourable to the client. The Court of Cassation reduced the amount adjudged from the client almost in 20 times (nearly in LTL 1,000,000).

We successfully represented a client (contractor) in litigation with a subcontractor concerning exercising the right to withhold the amounts due by the contractor. Attorneys-at-law of the law firm were able to prove that the contractor was entitled not to pay to the subcontractor the funds withheld under the contract of works, and to use them for elimination of the defects made by the subcontractor. A panel of judges of the Division of Civil Cases of the Supreme Court of Lithuania upheld the appeal in cassation prepared by the attorney-at-law of the firm: annulled the judgement of the Court of Appeal of Lithuania and ordered a renewed procedure to be conducted by the court of the appellate instance which dismissed the subcontractor’s claim for an award of remuneration for the works in the amount EUR 200,000. The Court stated that as the subcontractor had failed to perform its contractual obligations to the contractor, the violation of the latter’s interests before defending them before the court allowed the respondent to suspend the performance of its counter obligation.