PRACTICES

REAL ESTATE AND CONSTRUCTION

Real estate deals

Development

Disputes

Real estate deals
Development
Disputes

The Real Estate and Construction practice is at the core of Lex Borealis. We provide comprehensive support for all stages of real estate transactions, including manufacturing facilities, office centers, and more, in Russia, the UK, the UAE, and beyond.

Another business area is supporting construction projects at various stages of development, including greenfield and brownfield projects, as well as supporting developers’ initiatives.

Legal due diligence of a Russian developer A-101 in connection with its acquisition by Inteko group, including a legal due diligence of 38 companies of the A-101 group, its development projects, as well as the companies’ rights to land plots in ownership in Moscow and the Moscow region with a total area of 24+ million sq. m. The acquisition by Inteko proved one of the largest transactions in the real estate market in 2015.
Advising a Russian subsidiary of Frutarom, an international manufacturer of flavors and aromatizers, acquiring a 4,500+ sq. m. office building with parking in the Moscow region (asset deal).
Full support to Fleming Family & Partners selling multiple warehouse complexes in Tomilino village (Moscow region). Development and coordination of property-owning companies share sale and purchase agreements with buyers based on the English / Cyprus law, and supporting documents (disclosure letters, warranties and indemnity, etc.), closing support.
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Representing a major Russian developer concluding a preliminary lease agreement with a major American company for 7,000 sq. m. office premises in an office center under construction in the Moscow region.
Providing legal support to Sibur constructing a facility to produce polymer and wooden pallets for transporting the company's products.
Legal due diligence of 42 real estate properties for X5 Retail Group as part of its acquisition from Sedmoi Kontinent group.

Legal due diligence of 32 O’Key supermarkets for X5 Retail Group in Moscow, Volgograd, Voronezh, Lipetsk and other locations across Russia.
Supporting the Japanese company Yunika in a transaction to acquire real estate in Moscow worth about RUB 1.2 billion and Izhevsk worth about RUB 240 million.
Legal due diligence of the Golden Babylon shopping and entertainment center with a total area of more than 240,000 sq. m. prior to its acquisition by a subsidiary of an international investment fund. The scope included a review of about a thousand preliminary and master lease agreements, corporate and performance documents of tenants (bank guarantees, surety agreements), underlying documents related to the construction of a shopping center (initial permitting documentation, contractor agreements, use permit etc.).
Building a technical case and participating in the preparation of Russian law based written statements to represent international contractor Iberdrola Ingeniería y Construcción in the International Chamber of Commerce (Paris) adjudicating a dispute with OGK-5 under a EPC contract to construct a new power unit at Sredneuralsk State District Power Plant.
Preparing a legal opinion for a consortium of banks and mezzanine investors regarding the collateral suitability of three residential development projects with a total area of about 820,000 sq. m. in Moscow and the Moscow region, as part of the developer’s initiative to raise financing to develop the said properties.
Advising a group of companies from the Swedish investment fund 11 Real Asset Fund AB, investing in real estate in Russia. We support all sale transactions of the group with real estate located across Russian locations, including Moscow, Sochi, Yekaterinburg, Kaliningrad, and more. We also support the group’s development fundraising projects, including coordination of loan documentation, registration of pledges, drafting any other financial documents.
Supporting premium confectionery producer French Kiss in a transaction to acquire a 3,000 sq. m. administrative building in Moscow. Legal review of the seller’s rights to the building, approval of the real estate sale and purchase agreement with the seller, acquisition financing agreements (loan agreements, mortgages, subsequent mortgages), supporting state registration of the transfer of rights and pledges.
Advising a Russian subsidiary of Frutarom, an international manufacturer of flavors and aromatizers, negotiating an acquisition of a manufacturing facility in the Moscow region, including structuring of the future transaction and due diligence of buildings and land plots.
Supporting a transaction with Praxair, the largest global manufacturer of liquefied industrial gases and air separation units, acquiring 100% shares of a Russian company owning the Volzhsky Azot liquefied industrial gas plant in the Volgograd region from the Sibur group - Russian Tires.
Representing Stolitsa, a developer company and part of the BIN group, entering a preliminary lease agreement with Cisco Systems, Inc. (US) for 5,000+ sq. m. office premises in A class office center under construction in Skolkovo.
Legal due diligence of Shcherbinka Elevator Plant and Serpukhov Elevator Plant prior to a planned takeover by Inteko.
Legal due diligence of a project operator company’s land rights for planned project financing of an oil product pipeline construction between the Afipsky Refinery and a sea terminal in Tsemes Bay, Krasnodar region.
Legal due diligence of a land plot and construction in progress designed for a roadside service facility in the Sverdlovsk region for Volvo Vostok.
Legal due diligence of one of the largest agricultural producers in Central Russia in preparation for its acquisition, including the due diligence of five Russian companies owning agricultural land.
Representing design company Arco in a dispute with AUCHAN regarding a detailed design development contract.
Drafting a contract agreement to develop detailed design and execute construction and installation of a warehouse complex in Tomilino, the Moscow region, for the investment fund Fleming Family & Partners.
Supporting contract agreements for wind farm design at multiple sites in Russia between Russian developer company Vetroenergeticheskie Sistemy and international design company Ramboll.
Structuring the relationship between a developer and a fee-developer as part of a residential apartment construction project in Novosibirsk in accordance with 214-FZ.
Preparation a legal opinion for a consortium of banks and mezzanine investors to collateralize three residential development projects with a total area of about 820,000 sq. m. in Moscow and the Moscow region, as part of the developer’s initiative to raise financing to develop the said properties. The scope included a legal due diligence of the developer's rights to real estate within each project and checking compliance of investment agreements with the Russian Federation and the city of Moscow, as well as the review and recommendations to refine collateral and apartment sales structure. Collaboration with Latham Watkins LLP.
Advising owners in the sale of a flex fiber manufacturing facility to Technonikol at approximately RUB 1.5 billion. Drafting transactional documents (sale and purchase agreement, representations and warranties, disclosure letters, sureties, letters of credit, etc.), negotiations, transaction closing.