A successful project stands or falls on good cooperation. The base for a good cooperation lies in clear agreements that are properly worded and documented between parties. This prevents conflicts.
Especially in the construction industry, which still has its own customs and standard conditions, it is important that parties properly manage their mutual expectations by means of entering a contract. Regardless of which cooperation form you choose, we house the knowledge and experience to arrive at good and feasible solutions by means of contracts. In the traditional way or with contracts based on modern cooperation forms, such as the turn-key agreement, the Design Build Finance Maintain and Operate (DBFMO) and public-private partnership (PPP).
For these organisations, as well as the derivative task and shared service organisations, operations on the real estate market are surrounded by mandatory statutory regulations and supervision.
Whether it regards preparing, substantiating and decision-making, determining plans, granting permits or procuring services and activities, onlookers scrutinise every action. That requires a legal consultant who is used to operating within the governmental debate.
To socially responsibly and economically handle the entrusted housing portfolio is the major challenge for the corporation world of the upcoming years. Years in which this sector will need to find its new place in the real estate industry.
It will operate differently and more legally and be exposed to more supervision than before. The position of healthcare institutions will likewise be subject to substantial changes in the upcoming years. Those changes have everything to do with the scope of the care provision and the continuity of the organisation. That requires legal support with a broad vision of the problems at hand, that assists the corporation or healthcare institution with risk-minded advice; not only regarding contracting, but also regarding compliance and structuring legal processes.
Investing in real estate is focussing on returns resulting from income and value growth. These two components should be properly anchored contractually and in an early stage if they are to sort their desired effect in the long term.
In acquiring investments, bidding on or tendering for real estate portfolios, contracting is a matter of finding the balance between acceptable risks and optimising returns.
In the past, this was managed for a client or a company, but these days asset managers and even corporate real estate (CREM) managers are responsible for the performance of the portfolio or the corporate real estate. Important aspects for these activities are standardisation and transparency. Standardised contracts and purchase conditions are an essential instrument for real estate related services for risk management within the portfolio management.
A rental agreement is increasingly becoming a documentation of the dialogue between lessor and lessee.
Rental agreements are getting more flexible, incentives are linked more to result, sustainability has made its entrance, liabilities of both parties are shifting, and the implementation of the Heating Act can lead to surprising consequences. This requires insight into the market and the motivations of parties to contract each other for specifically that shop or that building and to enter in a long-term relation. We draw up a balanced contract for you that both parties can identify with.
The construction and real estate market require increasingly specialist knowledge and experience. This results in varying professions, which are each hired on a project base for their specific expertise.
We frequently cooperate with professionals, including (construction) project managers, constructors, architects, tax lawyers, etc. to come to an optimal result for the client for each expertise and while retaining our own identity.
In addition, consultants are becoming increasingly responsible for achieving results. This leads to an ever-changing role and other liabilities. The latter cannot be blindly accepted but should be carefully inventoried and managed contractually when awarding contracts.
The road from plan to reality is long and full of turns and pitfalls. Results can often only be made by cooperating intensively with governments and other market players.
This not only requires a legal service provider that is good at drafting contracts, but which is also capable of understanding how the vision of the project developer can be laid down in feasible agreements. This also requires a consultant who can give insight into the possibilities at an early stage to come to optimisation for both any necessary planning decision-making and other environmental law aspects. This allows him to contribute to the realisation of plans and the management of the accompanying risks.
Brokers and/or valuers are increasingly often held liable when the yield of the real estate, at the moment of sale or execution, deviates from earlier prognoses or published valuations.
It is often ignored that the circumstances have changed or that the client has applied a different sales/execution method than the valuation accounted for.
The client (bank, market player) then seeks to redress and the broker or valuer is the first to be held accountable. These are often initially approached via disciplinary law. The disciplinary ruling is then used as supportive evidence in a subsequent compensation procedure. This requires a legal consultant with knowledge and insight into the world of disciplinary jurisprudence combined with civil jurisprudence.