Construction and real estate in Belarus
The modern construction industry in Belarus can be divided into two types: capital and non-capital projects. The first type consists of real estate objects. Non-capital construction refers to small and temporary structures, which include household blocks, collapsible pavilions, etc. The construction process in the Republic of Belarus includes a wide range of activities: organised, surveying, designing, assembling, commissioning and commissioning. These construction organization processes must be managed, taking into account the particularities of the national legal regulation of the construction sphere of legal relations.
Similar to other countries, construction disputes do not occur instantaneously, and closely related to the long-term interaction of the parties in the construction process. Therefore, when such disputes occur, its’ causal structure needs to be carefully understood. Selling, re-registering and carrying out other real estate transactions is also a multi-step procedure.
Selling, re-registering and carrying out other real estate transactions is also a multi-step procedure.
To minimise the risks of construction projects in Belarus, it is important for foreign companies to know how to draft the contract correctly and to consider factors that may challenge the legality of such transactions.
Belarusian legislation is distinguished by an abundance of imperative norms and the general regulatoration, rather than the dispositive character of construction contracts. Many imperative norms of Belarusian law on construction contracts are in contradiction with international standards embodied in FIDIC contracts. That significantly distinguishes this field from the construction market of foreign countries. Excessive regulatory restrictions on construction contracts in terms of pricing, including the possibility to change the contract price, should also be noted.
The adaptation of foreign projects, the application of international design norms, and the introduction of international best practices also need to be resolved.
Parties in contracting relationships have a tendency to "accumulate" contentious issues until the actual end of construction and subsequent engage in long, protracted litigation. This state of affairs leads to long, uneconomical litigation. All these aspects must be taken into account by foreign businessmen when they are involved in construction in the Republic of Belarus. In order to ensure that problems do not arise in the construction process, it is necessary to contact an organisation that provides legal support for construction at every stage, from obtaining a land plot to putting it into operation.
Law firm “Economic Dispute” represents the interests of foreign investors, developers, buyers and sellers of real estate, contractors and engineering companies in negotiating and drafting construction, lease, purchase or selling contracts, and in resolving conflicts in pre-trial or court proceedings.
When a dispute arises, in order to form a successful legal position, lawyers of the law firm Economic Disputes carry out a thorough assessment of risks of forthcoming court proceedings, develop a strategy and tactics of legal support, the claims formation and preparation of the evidence base.
Over the entire period of practical work, the lawyers of the law firm Economic Disputes have accumulated considerable experience in a legal support of construction activities involving Belarusian and foreign companies. Our lawyers freely speak English, use both Belarusian and international law in their work. This allows us to provide proper support of construction activities with participation of foreign and Belarusian companies, real estate transactions and successfully resolve conflicts in this sphere.
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