Legal skills

Construction and real estate law

As a major economic sector which is frequently subject to reworking or legislative incentives, this industry includes a very large number of businesses in France, from architects to contractors, trustees to property managers, landlords to tenants, as well as estate agents, promoters, design offices and technical controllers.

Because this sector is so complex and there is so much interaction between these various players, in particular during a property renovation or construction project, it is crucial that the professionals involved are advised and assisted in drawing up their contracts. Likewise, they need advice and assistance during the performance of their projects, so that they do not degenerate or become a major legal risk.

Backed by a sound understanding of this sector, built up over more than thirty years, Derriennic Associates provides advice and helps to draw up contracts for a number of high-profile players in the sector, including:

  • Architects (in particular, four major architectural agencies of international standing),
  • Interior designers (in particular, international agencies),
  • Design and technical departments,
  • Independent Control Offices,
  • Health and safety coordinators,
  • Civil engineering coordinators,
  • Assistants to Contracting Authorities,
  • Businesses, whether as principals or subcontractors,
  • Brokers and insurers specialising in construction insurance.

We also frequently assist and advise directors of works during the construction projects that they may be carrying out.

In short, Derriennic Associates assists all the stakeholders in a construction or renovation project, and provides them with a service to deliver:

  • Architect or director of works contracts,
  • Framework or partnership contracts,
  • General sales or purchase conditions for services,
  • Contracts for assistance to contracting authorities,
  • BIM Manager contracts,
  • Contracts for joint ventures between directors of works or businesses,
  • Subcontracting contracts,
  • Service contracts,
  • Consultant or technical expert adviser contracts,
  • Engagement letters,
  • Documents relating to the legal aspects of a project (tender schedules of work, approval reports, reports lifting reservations, etc.),
  • Etc.

Derriennic Associates also provides both advice and dispute resolution services as part of property sales or property management, in particular on behalf of Trustees and building/condominium managers.

Derriennic Associates also draws up commercial leases, professional leases or occupancy contracts associated with real estate and amendments thereto.

If need be, we will not hesitate to rely on the professionals in the sector with whom we enjoy close ties (notaries, real estate agents, technical experts and counsel, insurers, engineers, brokers, etc.) and who, if necessary, form a network which can provide our clients with an additional service and added insight.

Because the professionals in the construction and property sector are bound by major obligations and responsibilities, we accompany them with due awareness of the importance of delivering a pragmatic response to their needs while reducing their exposure to risk in the event of litigation.

Derriennic Associates also defends its clients in any lawsuits which may arise as a result of or in connection with a construction project.

We work on behalf of several market place insurers who specialise in construction, defending them and their insured parties where the latter find their liability being invoked as part of a construction operation.

Our office can thus boast genuine expertise in handling and resolving litigation of this kind, which generally involves major issues in terms of financial risks, and almost always involves calling for legal expertise.

So we are with our clients all the way through the legal expert assessments and what comes afterwards.

In that connection, we have developed our own special methodology and know-how, which have proven themselves as we have assisted and defended our clients in the course of a legal expert assessment, whose successful outcome is very often a key element in securing a victory when the case comes before the Judge once the expert report has been filed.

We likewise defend our clients in cases of pre-litigation, arbitration or alternative procedures for the resolution of disputes, such as mediation and conciliation.

The office is also in the front line on innovative subjects in the sector such as BIM, smart buildings, modular constructions and the increasing levels of interconnection between the construction elements themselves and the IT or digital solutions integrated within them.

Team : Emmanuel BENOIT, François-Pierre LANI, Georges JENSELME, Victor CHAUVE, Carole FRANCO, Aurélien KAOUS, Camille ROD, Marie SEVIN,