20 years together

Construction Law

Overview
Construction Law as a practice area involves the application of an interdisciplinary legal approach to the industry specific issues and problems that arise in connection with the construction process and the related business relationships. As a result of the long-term experience of Dimitrov, Petrov & Co.’s lawyers and the focus on this practice area, our team provides high quality legal consultations in connection with practically any of these industry specific matters. The law firm is among the few Bulgarian law firms with an outstanding track record in advising foreign and domestic contractors on implementation of FIDIC-based contracts in Bulgaria and their compatibility with the specifics of the Bulgarian construction and tender regulations. Dimitrov, Petrov & Co. represents its clients through all stages of the construction process: from planning and bidding, implementation and commissioning to litigation and dispute resolution.
 
The law firm possesses in-depth expertise in the area of construction law and provides a complete range of legal solutions for the construction sector:
 
  • assistance in respect to zoning procedures, approval of investment projects and obtaining construction permits, including appealing of individual administrative acts related to the construction process (such as construction bans, for example);
  • assistance in conducting of administrative procedures under Bulgarian law concerning the permission and implementation of construction works in protected areas including under Natura 2000;
  • advising on the relevant Bulgarian and international law procedures throughout the course of construction in territorial waters and in the continental shelf;
  • registration of construction companies in the National Register of Constructors (NRC) – an essential prerequisite for the performance of any construction activities on the territory of Bulgaria;
  • consultations in the field of international construction contracts based on the General Conditions of the International Federation of Consulting Engineers – FIDIC and EPC contracts and their compatibility with  the specifics of the Bulgarian construction and tender regulations;
  • drafting and negotiating subcontracts in compliance with the FIDIC’s Conditions of Contract for Construction (the Red Book), the Conditions of Contract for Plant and Design-Build (the Yellow Book), as well as the Conditions of Contract for EPC/Turnkey Projects (the Silver Book);
  • drafting and negotiating design, construction and consultation and supervision contracts;
  • high-quality counsel on litigation and arbitration issues for solving construction related disputes (including negotiation, mediation, arbitration, alternative dispute resolution procedures, assistance in Dispute Adjudication Board procedures under FIDIC based contracts).
Dimitrov, Petrov & Co. has consulted big construction companies on road construction and rehabilitation, railway and highway construction, construction and maintenance of airports. 
 
The firm’s lawyers provide extensive legal assistance to international construction companies which implement construction projects in Bulgaria in accordance with FIDIC-based contracts.
 

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Representative Experience
Dimitrov, Petrov & Co. provides full legal advice to the local branch of one of the major Italian transport infrastructure constructors. The law firm regularly consults the client on different legal matters regarding the contractual relationships between the contracting authority (the Government) and the contractor in regard to the construction of Maritsa Highway (Lot 1: Orizovo – Dimitrovgrad) – a major infrastructure project costing EUR 65 mln financed under the Operational Programme on Transport 2007-2013. 
 
Dimitrov, Petrov & Co. is the exclusive Bulgarian legal and tax consultant of the third biggest Italian construction company, on all stages of the implementation of the EUR 162 mln Parvomai – Svilengrad railway project under the conditions of the FIDIC Yellow Book, as well as on the preparation of tender offers for a few new infrastructure projects.  
 
Dimitrov, Petrov and Co. is the exclusive legal consultant of an international investor constructing cross-border telecommunication network, including in Bulgarian territorial waters and shelf. Our team was engaged in the preparation of the entire legal documentation required for implementing the construction of the telecommunication network.
 
The law firm was engaged by a leading telecom operator for the preparation of a comprehensive analysis of the compliance of the Bulgarian legislation with Directive 2014/61/EU of the European Parliament and of the Council of 15 May 2014 on measures to reduce the cost of deploying high-speed electronic communications networks. A team of Dimitrov, Petrov & Co. carried out a thorough research of the Bulgarian legislation, in particular whether it meets the main requirements of the Directive regarding the construction of telecom networks.    
 
The law firm represents a Norwegian private investment fund in all its affairs in Bulgaria related to the acquisition and construction of a big hotel and a residential complex in a seaside resort. The work includes legal analyses and consultations, negotiations, drafting of contracts and litigation. 
 
The law firm advises a Bulgarian developer and constructor in the process of financing, mortgaging and completing the construction of a famous office and commercial building in Sofia which has been staying unfinished for years. The lawyers of Dimitrov, Petrov & Co. provide the client with the consultations and advice, including the negotiations and contract drafting with regard to the financing of the owner of the building, the mortgages and the construction process. 
 
A Romanian investment company has assigned to Dimitrov, Petrov & Co. its full representation in a legal dispute against the second biggest construction company in Bulgaria. Since 2008 the law firm has been frequently engaged by local and foreign clients to handle lawsuits related to construction disputes.
 
The law firm has successfully registered several local and foreign constructors with the NRC, among which a significant international construction company specialised in the construction of petrol stations with more than 20 completed projects on the territory of Bulgaria.
 
The law firm provided legal consultations to leading Turkish construction companies on the concession regime over road construction and maintenance, and the conditions for conclusion of BOT contracts.  
 
For many years the law firm has provided legal advice to the local branch of one of the major Italian transport infrastructure constructors  that won the tenders for five of the biggest PHARE-financed infrastructure projects in Bulgaria exceeding EUR 60 mln.

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Related News
19Dec

Amendments regarding the Commissioning of Constructions

On November 15, 2019 the amendments to Ordinance No 2 of 2003 on Commissioning of constructions in the Republic of Bulgaria and minimum warranty periods for completed construction and installation works, facilities and construction sites (the “Ordinance”) entered into force. The adopted amendments aim at standardizing the administrative services for the commissioning of fourth and fifth... view more

25Nov

EASIER ACCESS TO THE SERVICES PROVIDED BY THE GEODESY, CARTOGRAPHY AND CADASTRE AGENCY

Amendment to Ordinance No. RD-02-20-4 of 2016 on the provision of services from the cadastral map and cadastral registers (the “Ordinance”), introduced changes aimed at improving the quality of administrative services provided by the Geodesy, Cartography and Cadastre Agency (GCCA). The amendments provide for a simplified and expedited administrative procedure and a broadened range of both... view more

05Mar

Promotions at DPC: A new partner and two more senior lawyers

Dimitrov, Petrov & Co. Law Firm has nine partners and two more senior lawyers with effect as of 1st March 2019. Att. Bilyana Angelova is the newly promoted Partner in the office. She joined the team in 2009 as a trainee and now heads the Intellectual Property Law Practice Group of DPC. Bilyana consults prominent clients from various industry sectors and her achievements are... view more

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Related Publications

Arbitrability of Construction Contracts Entered into with Public Authorities: The Bulgarian Perspective

Subject:Dispute resolution

Published at:Wolters Kluwer, Construction Arbitration in Central and Eastern Europe

FIDIC Claims and Dispute Resolution

Subject:Real Estate Law. Construction Law

Published at:http://www.epi.bg/

Edition:Ownership and Law Digest, 2019, b.7

*This publication is in Bulgarian

What You Should Know About the New Contract Forms of FIDIC

Subject:Real Estate Law. Construction Law

Published at:http://www.epi.bg/

Edition:Ownership and Law Digest, 2019, b.2

*This publication is in Bulgarian

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Contact Person

Boyana Milcheva

Partner

Boyana Milcheva

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