Construction & Infrastructure Law
CM Advocates LLP walks with you in your construction journey from the construction project conception, design and planning, project procurement, project finance, project implementation and operation and maintenance.
Our aim is to provide you with the necessary advice and guidance necessary to successfully tackle all possible legal challenges that may arise in the construction and infrastructure development space. To successfully realize a project, while ensuring that it is both resource-efficient and economically sound, depends on the confident and timely handling of the wide-ranging realities of regulatory framework and fiscal regimes.
Many technical and legal challenges can and do arise in the field of construction. These invariably emanate, inter alia, from physical planning regime, site related issues, environmental regulations, the scope or magnitude of the project itself, contractual issues with the main contractors, sub-contractors and other consultants and the ever-changing regulatory framework and compliance regime.
Our team is here to work with you and your construction team to ensure that the complex procedures relating to land use and physical planning as well as environment laws do not impede the progress of your projects. Likewise, our team is on-hand to provide their expert assistance in the accompanying areas of public procurement and related disputes or reviews, water and wastage management laws, labor and employment issues, tax law advisory, contracting issues as well contract management support.
We will also provide legal advice when it comes to working with potential business partners (like joint venturers, lenders and equity investors) to ensure the successful implementation of your project and achievement of the desired objectives. Together, we will ensure that you maximize the fullest potential of your business ideas.
We act for the various parties involved in the construction process including the property owners, the developer, contractors, sub-contractors, consultants like architect and engineers, quantity surveyors, project managers, investors, financiers as well as insurers.
The broad portfolio of our legal team ensures that we are able to provide you with a wide range of legal services that you may require, or that may arise, in a construction project.
Our wide-range of legal knowledge allows us to employ our skill and proficiency in numerous legal spheres. These include, but is not limited to;
- Advising on construction projects procurement strategies (for private players) and on regulated procurement under the Public Procurement and Disposal Act, the Public Private Partnership Act and concessions under various statutes like the Kenya Airports Authority Act as well as handling any reviews or disputes arising therefrom.
- Procuring and obtaining the requisite development, planning and environmental approvals and permits, and advising on such matters
- Construction contracting including the drafting, review, negotiations and advising on standard form contract such as the Joint Building and Construction Council’s (JBC) Standard Form Contract, the International Federation of Consulting Engineers (FIDIC) Conditions of Contract as well as bespoke contracts and sub-contracts including general contract management
- Advisory to the various consultants involved in the construction industry (e.g. architects, engineering, quantity surveyors, clerk of works and project managers) on the drafting, review, negotiations on the letter of appointment or contract of engagement
- Public construction law advisory including legal support when procuring development and environmental permits, licenses and approvals and when dealing with zoning regulations including change of users or extension of leasehold tenures, compliance with environmental regulations as well as handling related disputes or litigation before, inter alia, the National Environmental Tribunal (NET) and the Environmental and Land Court
- Construction financing and funding strategies advisory including PPPs, joint ventures, private equity finance as well as public finance fund raising
- Employment and labor relations matters, tax and intellectual property (IP) issues
- Insurance cover including contracts negotiation and disputes settlement
- Land law including advising on land acquisition in relation to construction projects
- Advising on Occupational Health and Safety (OHS) regulations as well as conducting general legal compliance checks or audits in relation to construction projects
- Disputes & Claims Settlement including advising and handling all forms of disputes and claims settlement related to construction projects including litigation, arbitration, conciliation and mediation