The attorneys of NOVE have excellent competence and practical experience in all matters relating to construction law. We provide assistance to our clients in the following areas:
Construction contracts and disputes
Real estate development, sale, rent and disputes
Design, architecture and disputes
Planning, permits and disputes
Construction contracts and disputes
NOVE’s attorneys are highly competent and experienced in drafting, negotiating and advising on construction-related contracts, as well as in resolving construction-related disputes and construction-related issues that arise during the execution of transactions. NOVE also has a strong public procurement team that is ready to respond to your public procurement questions in a prompt and professional manner.
The members of NOVE’s construction team participate actively in the legislative drafting relating to this area and in preparation of analyses ordered by the state, and they also teach building and planning law at the Faculty of Law of Tartu University.
In relation to construction, we assist our clients with:
- Preparation of construction contracts and design contracts and conducting respective negotiations (including FIDIC contracts)
- Draw up owner-occupied contracts
- Assisting in the resolution of problems encountered in the performance of contracts, including early termination of contracts
- Defending their interests and rights in civil disputes relating to construction and real estate, including in arbitration proceedings
Construction team members:
Kristjan Tamm (team leader and contact person)
Indrek Niklus
Heili Püümann
Marika Mugur
Kristiina Koll
Madis Abel
Sten Tikerpe
Our portfolio includes:
- NOVE advised Sunly, one of the leaders in the Estonian renewable energy market, on the construction of a 45 MW solar farm
- Preparation of the construction contract and design contract for Porto Franco and representing the client at negotiations
- Consultation on the contract regarding the construction and entry into a construction contract regarding Balticconnector gas pipeline
- Drafting the construction contract of Põlva Maksimarket
- Advising Elering AS on the conclusion of the construction contract for synchronous compensators
- Consultation related to the preparation of the procurement documents and construction contract for Narva theatre building of Vaba Lava SA
- Preparation of the procurement documents and design contract for Haljala school
- Representation of Merko Ehitus Eesti AS in arbitration proceedings related to a violation of the construction contract
- Representation of Merko Ehitus Eesti AS in legal proceedings against Fausto Capital AS in a debt action
- Preparation of construction contracts for the largest 45MW solar power plant in Estonia for a subsidiary of Sunly AS and representing the client at negotiations
- Representation of Tallinna Sadam AS in litigation related to deficiencies in building design documentation
- Preparation of new construction and design contracts for Tallinna Sadam AS
- Successful representation of Restor OÜ in a large-scale dispute with a client
Real estate development, sale, rent and disputes
NOVE’s attorneys have extensive expertise and practical experience in preparing, negotiating and advising on transactions involving the purchase, sale, development and lease of real estate, as well as in resolving real estate disputes and resolving issues arising in the course of transactions.
In relation to real estate, we assist our clients with:
- Draw up the necessary contracts for the acquisition/lease of real estate.
- Conducting legal due diligence (LDD), negotiating transactions (including large commercial properties)
- Drafting and negotiating the necessary contracts for the use/acquisition of real estate (rent, lease, building rights, easements, etc.) (e.g. commercial premises, restaurants, forest land, mines, etc.)
- Representing the client’s interests and rights in civil disputes relating to real estate, public procurement disputes, including arbitration proceedings
Real estate team members:
Kristjan Tamm (team leader and contact person)
Indrek Niklus
Heili Püümann
Marika Mugur
Kristiina Koll
Madis Abel
Sten Tikerpe
Our portfolio includes:
- Drafting of typical booking, sales and rental contracts for Solid House real estate agency
- Advising Rimi Eesti Food on the purchase and lease of a shopping centre
- Developing the structure of the acquisition transaction of Hotel Pärnu and legal advice on the acquisition transaction
- Advising the Estonian Artists’ Union on real estate development and lease agreements
- Drafting and advising on lease agreements for Coop Põlva Consumers’ Association
- Drafting and advising on the lease agreement between the Republic of Estonia and the Kultuurikatel
- Drafting a standard lease agreement for Nehatu Technopark.
- Advising Vaba Lava SA on rental agreements
- Advising and drafting lease agreements for Port Artur Haldus OÜ
- Drafting of standard sales and rental agreements for large property developers
- Successful representation in more than thirty disputes relating to the purchase, sale and lease of real estate properties
Design, architecture and disputes
NOVE legal team has a comprehensive and unique set of legal know-how and expertise in the field of architectural design, which lets us provide legal advice to both those practising it (architects, engineers) as well as their counter parties and cooperation partners (construction customers and professional liability insurance providers/brokers).
With our expertise and practical experience, we can confidently consult anyone involved in architectural design in all its legal aspects (including negotiating and drafting agreements with customers and subcontractors; counsel and represent in various disputes or claim negotiations; provide legal advice in insurance, (public) procurements, intellectual property, professional qualification issues).
NOVE team has extensive experience in drafting, negotiating, and advising architectural design contracts – for customers as well as designers. We can also help with any legal issues arising in the course of contract execution. Our wide-ranging set of experience and expertise in the field of designer liability lets us provide both consulting and advocacy in these matters. NOVE also has a strong public procurement law department, ready to provide prompt and professional advice.
The members of the NOVE’s design and architecture team are valued educators and they teach construction and planning law at the Faculty of Law of the University of Tartu.
In relation to architectural design, we assist clients with:
- Drafting and negotiating architectural design contracts
- Advising purchasers, contractors and project supervisors in legal issues associated with architectural design
- Resolving various (including contractual) disputes
- Representing clients’ interests and rights in architectural design related civil disputes (concerning design or building defects) both in and out of court
- Defending clients’ interests and rights in administrative disputes, including those regarding public procurement, building permits and detailed spatial plans
- Defending clients’ interests in local and international arbitration proceedings and interacting with expert
Architectural design team members:
Marika Mugur (team leader and contact person)
Kristjan Tamm
Heili Püümann
Our portfolio includes:
- Drafting new (architectural design) contract forms for Palmatin OÜ
- Drafting new (architectural design) contract forms for Infragate OÜ
- Drafting the Porto Franco architectural design contract and representing the client in negotiations
- Preparation of architectural design contract and procurement documents for Haljala school
- Representation of Tallinna Sadam AS in litigation related to deficiencies in building design documentation
- Advising and representing architectural design bureaus facing designer liability claims
- Advising insurance providers regarding architectural designer’s professional liability
- Drafting new (architectural design) contract forms for EG Ehitus AS
- Drafting new (construction-architectural design) contract forms for Tallinna Sadam AS
- Drafting the design contract for Ahtri 6 commercial building
- Drafting the design contracts for various objects for Kuubik Projekt
- Drafting the design contract for Linnuse street 3 and 5 residential quarter in Keila
Planning, permits and disputes
NOVE’s attorneys have diverse and broad-based expertise and experience in the field of public construction law. We assist clients in planning procedures and related disputes, in matters and disputes relating to building permits, and in matters and disputes relating to environmental law in connection with construction law.
In relation to public construction law, we can assist clients with:
- Helping to find the easiest legal options for obtaining building rights, negotiating with administrative authorities if necessary
- Drafting legal opinions in this field
- Representation and advice in various planning procedures (special plans, general plans, detailed plans, etc.)
- Representing and advising on various authorisation procedures (building permits, authorisations for use, notifications, etc.)
- Assisting with various land-planning procedures
- Representation in various administrative court proceedings concerning building permits, planning conditions, planning and other public building rights
- Advising on environmental matters relating to construction (CSH, EIA, etc.)
Public construction team members:
Heili Püümann (team leader and contact person)
Marika Mugur
Kristjan Tamm
Our portfolio includes:
- Successful representation of the Land Board in a fundamental dispute before the Supreme Court on the issue of cadastral zoning
- NOVE successfully represented a client in a dispute relating to the obligation to bear the costs
- Representing the interests of various clients in the procedure of the general plan of the northern region of Rae Parish in order to ensure the best possible solution for the latter during the administrative procedure
- Successful representation of a developer in administrative court proceedings concerning an appeal by neighbours for the annulment of planning conditions
- Advising Sunly AS on specific planning issues
- Successful representation of CHW OÜ in administrative court proceedings concerning an appeal against the annulment of a building permit