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Real Estate and Infrastructure

Mocanu si Asociatii team has been at the forefront of advising on Real Estate & Infrastructure matters, including complex FIDIC based construction and engineering projects. We have developed our expertise in this area through consistent transactions and greenfield or brownfield projects structuring and performance. Our lawyers provide constant legal support to government or corporate clients (including construction companies) during acquisition, financing, development and management of Real Estate & Infrastructure projects. Our expertise covers the following:

➢ Legal assistance regarding the preparation and negotiation of pre-agreements, sale-purchase agreements, lease agreements, mortgage and leasing agreements

➢ Checking the technical, fiscal and legal status of real estate with competent public authorities

➢ Drafting and negotiating contractor agreements having as object the construction of malls and/or shopping centers

➢ Negotiation of contracts having as object the financing by banks of the construction of malls and/or shopping centers

➢ Negotiation and drafting contracts having as object the development of multifunctional residential complexes

➢ Drafting and negotiation of general terms of leasing agreements (leasing pre-agreements – head of terms and actual leasing agreements) having as object the spaces within the premises of mall and/or shopping centers

➢ Drafting and negotiation of management contracts entered into between the company appointed for administration of the mall and/or the shopping center and the tenants which own spaces within the premises of the mall and/or shopping center

➢ Drafting and negotiation of the operation guide of malls and/or shopping centers

➢ Legal assistance and advice regarding the performance of works contracts and implementation of projects falling within the scope of such contracts, based on two of the most important and used contractual mechanisms:

• FIDIC Contracts (Conditions of Contract for Plant and Design-Build; Conditions of Contract for Construction; Conditions of Contract for EPC/Turnkey Projects – EPC: Engineering, Procurement and Construction) developed after application of procurement procedures specific to the European Union (PRAG)

• Works contracts based on the general applicable law or on the public procurement laws ➢ Legal assistance and advice regarding the performance of concession contracts based on the public assets concession laws

➢ Legal assistance and advice on drafting, negotiating and concluding of works contracts (partnership agreements; joint venture agreements; subcontract agreements; supply agreements; technical assistance agreements; sale-purchase agreements)

➢ Assistance and representation of clients in public procurement procedures (including public procurement organized based on procedures of international bodies), concessions, public-private partnerships, etc.

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