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International Experience

Vienna, Austria

Lambert Eversheds advises on all areas of construction and real estate law. Clients include architects, civil engineers, developers, construction companies, engineering companies and all kinds of contractors.

We provide any kind of legal advice and representation in construction projects, the drafting of all contracts as well as specific advice related to real estate or financing involved. Any litigation in relation to construction or real estate projects is handled by our specialised litigation team.

We also draft and negotiate all agreements in connection with the commercialisation of real estate property, such as commercial lease agreements, general leases and management agreements.

Experience includes:

• Advising the real estate and leasing subsidiaries of one of Austria's leading banks in all matters related to construction and real estate.
• Advising a developer on the purchase, planning, zoning project management, financing and sale of large office centre project, valued at €80m.
• Representing an engineering company in relation to the facility and the technical engineering of Vienna's new built fairground area, valued at €50m including claims and litigation.
• Advising a contractor on several construction and engineers contracts with regard to mechanical services for several projects (eg hotels, offices buildings and housing projects).
• Advising one of the leading show manufacturers in Austria on the development of its headquarters (land purchase, planning, construction, architects, engineers).
• Advice to architects and engineers on the construction of private and public buildings including claims and litigation.
• Advice to facility management-providing companies and development companies.

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Czech Republic

Balcar Polanský Eversheds in Prague has advised on some major construction and engineering projects:

• Slavia Football Club - advising Slavia Prague on the construction of Slavia's new football stadium. The stadium will be part of a commercial and leisure time complex.
• City of Brno - acting as legal adviser in a team led by PricewaterhouseCoopers on the proposed redevelopment of the Ponava brownfield in Brno and the impact of the 2006 Construction Law Reform.
• DDC s.r.o. (a US owned developer) - advice on the acquisition of land and the construction and subsequent sale of residential and non-residential units in a premium location in the centre of Prague known as 'Trinity Garden'.
• Pod Lipami s.r.o. - construction of residential and non-residential premises in the centre of Prague.  We prepared all of the construction documentation for the developer.
• RODOP (a major Czech developer) - advice on the construction of 95 luxurious residential units.  We advised on the purchase of the land, represented the client in relation to administrative proceedings (in particular before the building authority), drafted contractual documentation for relations with the construction companies and prepared financing documentation.
• Intershop AG/Rodamco Europe B.V. - advised a Swiss company, Intershop AG Zürich, in connection with the development of the first shopping centre in the Czech Republic.  The value of this project was €60m. We advised on land acquisitions, construction and operation of the shopping centre. We advised Rodamco on the development of one of the biggest shopping centres in the Czech Republic. The value of the Chodov project was €129m.
• ExxonMobil - advised ExxonMobil on the development of its network of approximately 40 petrol stations in the Czech Republic.
• Alcar Bohemia - advised Alcar in relation to a greenfield development of Alcar's new logistics centre in Nupaky near Prague (including advice in relation to construction law issues).

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Paris, France

Eversheds in Paris advises in all areas of construction law and especially on PPP projects in France and abroad.

Experience includes:

• advice to a state owned company in the course of setting up a railway junction between France and Italy
• advice to a leading oil subcontractor for the setting up of a joint venture carrying out drilling and engineering works in Kazakhstan
• assistance of an investment corporation for a ROT contract concerning a refinery in West Africa
• assistance of a south African company for the granting of a concession for the operation of two hydropower plants and the setting up of corporate and contractual local structures in DRC
• assistance of a south African company for the granting of a concession for the operation of an hydropower plant and the setting up of corporate and contractual local structures in Mali
• advice to a local authority for legal and financial structuring of a swimming pool under PPP
• advice to Fort de France City Council for the construction of 10 schools on a PPP scheme
• advice to Cannes City council for a DBFO contract relating to an administrative centre
• advice to a local authority in the South of France for the construction of three schools and other infrastructures including a theatre and a swimming pool
• advice to a City Council in the North of Paris for a construction of a library and a parking under PPP.

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Munich, Germany

Heisse Kursawe Eversheds advises in all areas of construction law. Complex construction and development projects demand comprehensive legal advice and representation, beginning with the planning stage through to the contracting and construction phases all the way to the final realisation of the project. We advise principals as well as contractors, architects and engineers.
One of our core activities in this area is legal project management which includes legal advice on all aspects of real estate and construction project realisation. We comprehensively organise the project and efficiently solve all relevant problems with the overarching goal of minimising risks and costs.

Our all-encompassing representation includes the formulation and settlement of contracts as well as claims and litigation. We also provide comprehensive advice regarding public law and regulations. This especially includes general zoning, all general as well as town development contracts and the inspection of all site factors. We draft and negotiate all agreements in connection with the commercialisation of real estate property, such as commercial lease agreements, general leases and management agreements.

Experience includes:

• Legal project management concerning the construction of the new headquarters of Infineon in Munich (Campeon) including advising the principal in relation to all construction, architecture and engineers contracts, valued €410m, including claims and litigation.
• Legal project management and advising the contractor on the construction of the new BSH Headquarters (Bosch Siemens Haushaltsgeräte), valued €80m, including claims and litigation.
• Legal project management in relation to the construction of the railway extension track (ICE) Munich-Ingolstadt, valued €80m.
• Advising one of the contractors on the construction of the new factory building of Süddeutscher Verlag, valued €11m.
• Advising the contractor in relation to several construction and engineers contracts with regard to mechanical services for several projects (eg 'uptown Munich', valued €45m or 'Schwabengalerie Stuttgart', valued €12m), including claims and litigation.
• Acting for the operating company of the Forschungsreaktor Garching (nuclear research reactor Garching/Munich) in relation to the construction of the plant.
• Advising one of the leading international label firms in relation to the construction of several factory buildings near Munich (construction, architects and engineers contracts including claims and litigation).
• Advising one of the leading clothes manufacturer in Germany in relation to the development of its headquarters (land purchase, planning, construction, architects, engineers).
• Advising the investor in relation to the development and construction of a high-class hotel in Berlin including claims and litigation.
• Permanent advice of several architects and engineers in relation to the construction of private and public buildings including claims and litigation.
• Permanent advise for one of the leading charities in Bavaria with regard of the construction of several senior living facilities including claims and litigation.
• Permanent advice for several development companies.

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Budapest, Hungary

Sándor Szegedi Szent-Ivány Komáromi Eversheds acts for international clients in Hungary, as well as for Hungarian governmental and private concerns within Hungary and abroad.

Experience includes:

• Advising a group of international investors on the negotiation of a contract with the government of the Republic of Seychelles for carrying out and coordinating the construction of a large tourism complex and thereafter operating and managing it.
• Advising one of the largest French construction and real estate development companies on the negotiation of a contract with the State Property Agency for the reconstruction of a race track in Budapest, which is one of the largest land acquisitions in Budapest's history.
• Advising a group of Hungarian developers with its green field investment in Hungary in connection with purchasing real estate from the local government of Miskolc and the development of the facility into a large wellness hotel investment.
• Advising a Hungarian county hospital on its negotiations with the general contractor over a major construction project.
• Acting for a US corporate vehicle on the complex sale and purchase of a new residential area in Budapest, involving zoning, environmental and building permits and construction and development issues.
• Acting on behalf of a purchaser buying a port on the River Danube, including negotiating with the various authorities for environmental, building and zoning consents. Our representation involved acquiring green field sites, negotiating construction contracts.
• Advising a major Hungarian car electricity equipment manufacturing company in connection with the sale of its headquarters office and factory building located in Budapest, as well as the sale of the company's plants in other Hungarian cities.
• Advising a major foreign owned brewery in Hungary on the purchase of an office building then several years later in connection with the sale of this building, as well as with purchase and sale of a warehousing facility and the ale of an industrial plant in the form of an M&A project.
• Advising a company with their efforts to construct a residential park in the green belt of Budapest. Our lawyers assisted them with negotiations with Hungarian authorities.
• Advising one of the largest international food retail companies present in Hungary in respect of the purchase of real estate and the acquisition of several food retail companies with chains of shops. We have further represented them in connection with nine real estate purchases in the framework of the construction of a new retail store at different locations in Hungary.
• Representation and providing legal advice to a consortium of Hungarian construction companies in connection with a PPP tender containing three different phases, launched for the realisation of the New Governmental District in the framework of public procurement procedure.
• Advising a Hungarian construction company in connection with student home construction PPP projects.
• We advised a major Hungarian construction company in respect of several construction contracts (eg construction of an American School and an office building, concluding a settlement agreement in connection with a dispute on a hotel project).
• Continuous legal advice to a real estate fund in connection with their their different ongoing real estate projects.
• We regularly advise and represent our clients in respect of sale and purchase of real properties, plants, lands, office buildings.
• Drafting lease agreements for all types of commercial real estate on behalf of owners; review and comment the same on behalf of tenants.
• Public procurement is one of our particular expertise. Three of our lawyers specialise in this field and one of them is registered official legal adviser of public procurements in the field of purchasing, services and building investments. We have experience in advising clients on both sides.
• Drafting mortgage agreements and securing charges over significant real estate assets.
• Real estate litigation, including lease agreements and construction disputes, eg representing a global infrastructure development company in several court procedures in respect of contracts for construction and technological fitting works.

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Dublin, Ireland

O'Donnell Sweeney Eversheds is a full service commercial law firm with extensive expertise in advising clients in the construction and engineering industry.

Experience includes:

• acting for Earlsfort Eastpoint, the developer, in relation to the development of Eastpoint Business Park (value in excess of €500m)
• acting for O2 in the development of their headquarters in Dublin
• acting for Bank of Ireland in providing the development finance of a golf and hotel resort being developed by Treasury Holdings, in a joint venture
• acting for Carlton Hotel Group in the development of their hotel chain in Ireland
• acting for North Quay Developments in the development of the Bridgewater Shopping Centre, Arklow
• acting for Dunloe Ewart in the development of the Cherrywood Science and Technology Park
• acting for a consortium of investors in the purchase of a newly constructed shopping centre in Swords, County Dublin.
• advising Dublin City Council in relation to the design build finance of an affordable housing development in Infirmary Road
• advising the Affordable Homes Partnership in relation to a development land for affordable housing swap transaction at Broc House, Nutley Lane, Dublin.
• advising Dublin City Council in relation to the design build finance of a civic centre in Dublin.
• advising a consortium of developments in relation to a joint venture with Louth County Council for the development of infrastructure valued in excess of €150,000,000.
• advising a consortium of developers in relation to a joint venture with Meath County Council to the proposed development of roads and service.
• acting for Bulmers in relation to the extension of their brewing activities in Clonmel.
• advising a Boston based company in the development of a 100 mw waste to energy facility.
• advising an Oklahoma based group in the development of an oil terminal in Ireland.
• advising Enwest in the development of an oil storage facility in Galway.
• advising on over 25 wind farm projects in the last two years.
• advised Roadbridge/John Sisk in the Cashel to Mitchelstown ECI Road Improvement Scheme (value in excess of €200m).
• advised National Toll Roads in relation to their tolling operation of the N25 Waterford By Pass.
• advised Bowen Construction in relation to the development of the Portlaoise Rail Depot.
• advising Kenmore Resources in relation to its titanium mine in Moma, Mozambique.

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Milan and Rome, Italy

Eversheds Bianchini has a specialist construction team comprising Riccardo Bianchini Riccardi, partner, two senior associates - Alessandra Vignone and Grazia Torrente, and an assistant. Both Alessandra and Grazia have Masters degrees in international arbitration and construction contracts from Queen Mary University, London.

Experience includes:

• turn key contracts including major retail centres in particular
• domestic commercial construction arbitration
• international arbitrations regulated by the ICC Rules.

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Riga, Latvia

Baltmane & Bitāns, a member of Eversheds International, assists private and public sector clients on all areas of construction, including due diligence work, large infrastructure projects, commercial leasing, construction contracts, public housing matters, mortgages, privatisation issues and other property and construction related issues.

Experience includes

• Riga City Council - assistance in developing and structuring various construction projects such as: the Southern Bridge; social houses; commercial/PPP projects including a municipal complex of residential houses. We acted for the council's finance department in contract negotiations with the consortium of the major national construction companies of Latvia for the construction of the access roads to the bridge over the river Daugava in the City of Riga (the total amount of project exceeding €400m). We have researched the legal aspects of a territory planning order relating to building requirements in a particular territory and the legal obligations for constructors and end users. We continue to assist Riga City Development Department on the legal aspects of territorial planning procedures and develop draft amendments to building process regulations. Furthermore, we have successfully represented council's City Development Department in cases on territory planning and building permits.
• Volvo Truck Latvia - advice on the acquisition processes of land lots required for the construction of service centres all over Latvia.
• Latvian Post - advice to the main postal services provider in Latvia on the construction of a new post sorting yard, and a large scale real estate use project in the centre of Riga.
• Kolumbija - legal assistance regarding the building of a fish and other sea food production factory in Liepaja. Construction of the present project was co-financed by SAPARD. Total amount of the project exceeds €6m.
• Latvijas balsams - assisted the largest alcohol producer regarding the construction of a new warehouse building. Total amount of the project exceed €2m. Additionally we represented client's interest in disputes with constructors.
• Public Private Partnership projects - we are a pioneer of PPP projects regarding building in Latvia. Our office was engaged by the Latvian Developing Agency in a pilot project for preparing documentation for a PPP project regarding social residential houses for local municipalities.
• Latvian Ministry of Transport - we teamed up with PricewaterhouseCoopers (Spain) to conduct a feasibility study evaluating the possibilities of applying a PPP scheme (DBFO in particular) to a Latvian public roads development programme.
• Real estate developers - advice to developers on the creation of major recreational, entertainment and shopping areas (multi-functional hall and shopping centres) in Riga.
• Litigation - in 2007 our firm achieved a landmark judgment in the matter of a residual complex real estate developer being relieved from a construction ban imposed due to the fact that the building permit was challenged (ie the court allowed continuation of construction works on the grounds on prima facie legality of the building permit before the case is heard in substance).

Vilnius, Lithuania

Saladžius & Partners is a member of Eversheds International, providing legal assistance to businesses and financiers,  governmental and state-owned entities in Lithuania. The real estate market is one of the most dynamic sectors in the country - the constantly changing environment means we act on major development, construction and architectural projects.

Experience includes:

• Ongoing legal assistance to YIT Kausta contractors, including the construction by YIT of the headquarters of a major telecommunications company, the redevelopment of the building of the Lithuanian Parliament, redevelopment of the international airport in Vilnius, and one of the largest shopping malls in Lithuania.
• Homburg group and the largest real estate project in the Baltic States. The group acquired the commercial portfolio and sale-lease back portfolio of the largest Lithuanian commercial bank and acquired a large number of real properties in Lithuania. Our legal advice included full scope consultancy on various building/construction law related matters.
• The Luxury Royal Residence project - the first private project to build high quality apartments with medical treatment services for senior citizens in Lithuania. We provided full scope advice regarding construction and represented the client in negotiations with the general contractor concerning various legal issues arising from the construction contracts.
• Kaunas Airport - appointed to represent the public company Kaunas airport in court proceedings concerning the international airport redevelopment/building project in Kaunas city.
• SCI/BBB (Canadian based company) - involved in designing and providing full scope architectural services for a multifunctional arena project in Vilnius.
• Kaunas city Municipality - advice relating to the DBO concession of a multifunctional sports and entertainment arena.
• Ministry of Science and Education of the Republic of Lithuania - prepared a comparative study on how to improve the administration of state owned assets in Lithuania. We researched PPPs (in the area of universities) in Central and Eastern Europe.
• Acted for Fortum in developing and building a centralised heating plant (CHP) together with municipal authorities and other private parties in Lithuania (PPP project).

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Middle East

Eversheds’ Middle East Regional Offices are based in Abu Dhabi, United Arab Emirates and Doha, Qatar. We recently signed a co-operation agreement with Dhabaan and Partners (in association with Eversheds KSLG) in Saudi Arabia.

The expanding Middle East practice currently consists of a  22 lawyer team (including Arabic speakers) offering on the ground support to our clients from our Abu Dhabi and Qatar offices, supplemented by a further 22 lawyers based in Saudi Arabia. Whilst we are based on two sites we view ourselves as a single practice with the ability and the critical mass to resource projects throughout the region with the right team.

As well as having offices in Abu Dhabi, Doha and Saudi Arabia, Eversheds has a strong established network of law firms that it can turn to for advice across the Middle East including in the countries of the GCC and Arabic-speaking North Africa. Our extensive coverage enables us to add value to our clients through in-depth local market knowledge, our multi-disciplinary expertise and our ability to effectively manage international teams on cross-border projects where appropriate.
 
We have a wide range of experience handling construction and engineering disputes ranging from negotiated settlement, mediation, expert determination, adjudication, court proceedings and arbitration. Eversheds routinely conducts international arbitrations pursuant to the rules of all major arbitration institutions including middle eastern arbitration institutions including the ICC, ICSID, SCC, CIETAC, AAA, LCIA, HKIAC, SIAC and Swiss Rules, DIAC, DIFC as well as ad hoc proceedings under the UNCITRAL Rules. These arbitrations take place at venues all around the world, including London, Paris, Dubai, Qatar and Switzerland. Eversheds also work closely with local advocates in court proceedings throughout the middle east.
 
The Eversheds middle east construction team also have a wide range of experience in non-contentious construction and engineering matters.   Complex construction and development projects demand comprehensive legal advice and representation, from the initial planning stage through to the procurement and construction phases. We advise principals, developers, contractors, architects, engineers and construction consultants on all aspects of construction projects. We comprehensively organise the project and efficiently solve all relevant problems with the overarching goal of minimising risks and costs.The Eversheds construction team are experienced in the use of standard form contracts widely used in the middle east including FIDIC and NEC as well as drafting bespoke form contracts.

Examples of our recent contentious and non contentious work in the middle east includes:

• Advising a number of UAE consultants in respect of disputes arising from the suspension / termination of project management contracts relating to high profile projects in Dubai.  
• Acting for major Qatari energy companies in Qatari court cases and arbitrations relating to multi billion dollar projects in Qatar.  This has involved advising on damages, delay and variations, and conducting workshops with clients and their other advisors on issues arising under Qatari law.
• Advising an international MEP contractor in relation to a potential claim for damages, delay and variation relating to a USD$1 billion EPC contract in the Qatar utilities sector. 
• Advising the government of Qatar on the procurement, construction and financing of the new airport in Doha .
• Advising a consortium on their bid to provide consultancy services to the Abu Dhabi Department of Transport for a major rail infrastructure project.
• Advising a UK schools provider on the procurement strategy for the construction of private schools in the UAE. 
• Advising two oil companies in the Middle East on investments in the oil and gas sector in Iran (including sanctions issues and buy-back terms).

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Warsaw, Poland

Wierzbowski Eversheds, the Polish member of Eversheds International) represents firms in the following sectors: construction (GDDKiA, Guris, Alstom, BWT, Tempo), pharmaceutical (AstraZeneca Pharma, Astellas Pharma, Johnson & Johnson, Polska, novo Nordisk Pharma, Servier Polska, Bristol-Myers Zquibb, ICN Polfa Rzeszów), chemical (BASF Polska), food (Rieber Foods, Materne Polska), insurance (Zurich, Generali), and other firms dealing with goods trade.

Our lawyers represent Austrian, German and Polish clients in disputes concerning the construction investments.

Experience includes:

• Representing a developer and a real estate manager in more than 20 cases before the Arbitration Court at the National Chamber of Commerce in Warsaw.
• Tyco - various contracts and sub-contracts involving various installations and technical systems.
• Danfoss - representing the client in a construction process involving the building of new factory buildings. We prepared and negotiated various agreements.
• CESAS - negotiations and various advice involving dispute resolutions in the course of the construction process of the NATO military base in Poland.
• Advising the City of Warsaw on financing the development of the underground from EU structural funds resources.
• Two tender procedures for DBFO relating to motorways. Advised the client on the tender process, prepared the draft construction agreement, assisted in the negotiations with the winning bidder.
• Augustow ring road project (Rospuda Valley highway case) - provided legal opinions comprising the Polish administrative law, construction law and environment protection law, EU environment protection directives and proceedings before the Commission and the European Court of Justice. Risk assessment and legal issues regarding the performance of the project.
• Autostarda Wielkopolska Sporka Akcyjna, A-2 highway project -legal services regarding the expropriation of land owners, risk analysis, issues connected to the limited use zone in the vicinity of a highway. Participating in negotiations with the investor (who was trying to obtain a license for the construction of a toll motorway); participating in negotiations and preparing a concession agreement with the Agency for the Construction of Highways for the construction of a motorway.
• Jagiellonian University Colleglum Medicum - advising on and preparing a number of analyses connected with a construction project for a new seat of University Hospital.

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United Kingdom

Our skills and resources

Our team has a very wide and comprehensive level of experience on international procurement, in particular FIDIC and EPC contracts and dispute management, in particular ICC arbitrations. The projects include international sporting venues, power stations, transmission lines and process plant together with advising on cross border PPP and regeneration projects.

Clients and projects

We act for a wide range of clients on cross border projects and disputes including:

• German contractors on UK projects
• Irish employers on African projects
• Danish contractors on Gibraltan projects
• Qatari employers on European projects
• American employers on pan-European engineering projects
• UK consultants on European projects.

Clients include Tyco, Huntsman, Thyssen Schachtbau and Hyder.

Current projects include:

• advising the States of Jersey on the procurement of energy from a waste facility and a composting facility through EPC contracts, with a proposed value £120m
• dispute management advice on FIDIC Silver book Contract on an African mining project value £300m
• advising on the procurement of and contractual issues relating to LNG terminals
• acting for a major German mining multinational in connection with a civil engineering dispute relating to a UK based power station
• undertaking a number of instructions from English Partnerships across the country
• Eversheds has been significantly involved with masterplan projects crucial to the 2012 Olympic Paralympic Games delivery at the London Games Park site
• Eversheds has been appointed by TfL to act as its main provider of legal services and the construction and engineering group are involved in a number of significant projects for TfL across the capital
• a team from Eversheds' London and Cardiff offices has been appointed to the Highways Agency panel to advise on its construction and commercial contracts work.

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Madrid, Spain

Eversheds Nicea advises on all areas of construction and engineering procurement worldwide, including indemnity and insurance provisions and the standard forms of cover available. Our extensive coverage enables us to add value to our clients through our multi-disciplinary expertise and our ability to manage cross border teams and projects.

Clients include architects, civil engineers, developers, construction companies, engineering companies and all kinds of contractors

Experience includes:

• International arbitrations regulated by the ICC rules
• Drafting of construction and engineering contracts
• Negotiation of all kind of contracts
• Advice on the sale and purchase of real properties plants, lands, office buildings, etc.
• Advice for development companies
• Turn key contracts
• Litigation matters

Some of our works include:

• Legal advice given to an Spanish energy company in relation to the construction, operation and maintenance of a 520 MW combined cycle electricity plant in Pernambuco (Brazil).
• Advice given to several international companies in relation to the construction of their headquarters in Spain.
• Providing legal advice in the construction of a combined cycle power plant at Hermosilla (Mexico).
• Construction of 15 wind farms (with a total 496 Mw output) in Spain.
• Claim for incorrect execution by the developer of movie theatres in shopping centres (Spanish Bank).
• Claim for construction defects and lack of delivery within term of shopping centre (Real Estate Company)
• Claim for alleged construction defects in shopping centre. (Real Estate Company)
• Arbitration on the perfection of the Sale and Purchase Contract for a property and the exercise of the right to PURCHASE (Spanish Bank).
• International Arbitration before the ICC in Paris for the termination of a construction agreement because of the infringements of the Owner.
• Claim by the purchased for misrepresentations in a sale and purchase agreement and a construction agreement.
• Claim by a condominium of owners for vices and defects of a building against the architect and the constructor of the building.
• Claim for lack of correct delivery on time with suspension of opening license of a shopping centre.
• Advice given to a construction company in relation to claims raised by the owner of several buildings due to defects of those buildings.

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