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Real Estate and Construction

Dyulgerova & Penkova Law Firm has considerable experience in the field of construction law and infrastructure projects, including such implemented under FIDIC Conditions of Contract.

The scope of legal services provided by us includes consultations of domestic and foreign clients regarding:

  • urban planning procedures, issuance of construction permits, appealing of administrative acts related to the construction process, commissioning of construction works, as well as representation of the clients before the relevant administrative authorities in the proceedings initiated therebefore;
  • tender procedure during the construction process;
  • conclusion and execution of construction, design and construction supervision contracts;
  • registration of construction companies with the Central Professional Register of Constructors at the Bulgarian Construction Chamber;
  • preparation of contract and specific conditions pursuant to the FIDIC Conditions of Contract – “Conditions of Contract for Construction“ (Red FIDIC Book) and “Conditions of Contract for Plant and Design-Build” (Yellow FIDIC Book);
  • claims for extension of time and additional costs under, pursuant to the FIDIC Conditions of Contract;
  • dispute resolution and representation before arbitration and Dispute Adjudication Boards pursuant to the FIDIC Conditions of Contract.

Professional experience:

  • Representation of a foreign contractor before the International Court of Arbitration at the International Chamber of Commerce in Paris, in international arbitration proceedings initiated by the contractor for debt recovery amounting to EUR 14 000 000, in relation to the implementation of a significant national and European project by virtue of two contracts concluded under the FIDIC Conditions of Contract, Red and Yellow Books;
  • Representation of a foreign contractor before a Dispute Adjudication Board (“DAB”) in accordance with the FIDIC Conditions of Contract. The DAB consisted of three persons appointed from the list of the President of FIDIC, while the dispute referred thereto concerned outstanding payments under two contracts regarding the implementation of a big infrastructure project in the country, concluded under the Red and Yellow FIDIC Books;
  • Legal consultations of a Spanish company in its capacity as a Contractor under an infrastructural project at the amount of EUR 280 000 000, according to FIDIC Yellow and Red Books;
  • Legal consultations of a Japanese company implementing a project on reorganization of a thermal power plant at the amount of EUR 226 000 000;
  • Legal consultations of a foreign company on the requirements of the Spatial Development Act in regard to a project at the amount of EUR 62 000 000, according to FIDIC Red Book;
  • Legal consultations in regard to a construction project in Russia at the amount of EUR 153 000 000;
  • Legal consultations of a subsidiary of an American company specialized in the field of construction supervision, in regard to an infrastructural project for reconstruction and electrification of a railway line at the amount of BGN 84 000 000, as well as in regard to an infrastructural project on construction of a Waste Management Regional Centre – Kurdzhali amounting to BGN 13 000 000.

The experience of Dyulgerova & Penkova Law Firm in the field of real estates is closely related to foreign investments. We provide our clients with legal consultations on various aspects of real estates, including real estate acquisition and transfer, including by preparing legal due diligence reports concerning the real estates and proposals for a suitable manner of acquiring of the same, implementation of investment projects, condominium ownership management, urban planning procedures, escrow account agreements, rental agreements for real estates, trade centres management contracts, commercial leasing, as well as intermediation before credit institutions regarding the financing of purchase of real estates and representation in notary proceedings. 

Professional experience:

  • Legal consultations of an international construction company with more than 60 years of experience in regard to acquisition of real estates in Bulgaria with a total area of approximately 170 000 sq. m. and at a total amount of approximately EUR 75 000 000, as well as in regard to establishment of mortgages over real estates owned by subsidiaries of the company for securing receivables at the amount of approximately EUR 30 000 000;
  • Legal consultations of an international company with more than 25 years of experience in kitchen equipment in regard to the acquisition of real estates in Bulgaria and Macedonia at a total amount of approximately EUR 2 000 000;
  • Legal consultations of a subsidiary of a Greek company in regard to the realisation of a project for the construction of a 19-storey multifunctional building in the city of Sofia, management of the building and renting of the relevant office premises;
  • Legal consultations of a British consulting company acting on behalf of British investors in Bulgaria in regard to acquisition of real estates in Bulgaria, management of close-type complexes, conduct of general meetings of the condominium, etc.;
  • Legal consultations of a Bulgarian subsidiary of a leading producer of sport goods, as well as of a Bulgarian subsidiary of a leading retailer, in regard to the conclusion of rental agreements for commercial and office premises and trade centres management.