Recent Posts from Salans

When France Goes Green

By Gauthier Vannieuwenhuyse for Salans
Since 2002, France has been developing a well-thought-out national strategy on sustainable development that gathers the State, local representatives, eco-defending associations, private companies and civil society. In 2007, the “Grenelle de l’Environnement” project was launched in order to fight against climate changes by putting energy needs under control, protecting biodiversity and [...] read more »

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Legislation on waste disposal in Russia: some practical tips for contractors

Post prepared by Karina Chichkanova (Partner, Head of Salans’ St. Petersburg Real Estate Group) and Galina Pashkovskaya (Associate)
In connection with the constantly increasing volume of construction in Russia, one of the main issues that developers and construction companies encounter is the problem of managing the waste that results from wrecking or construction works, as well [...] read more »

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“Clause pénale” v. liquidated damages – any similarities?

Delays are of course a common problem in construction projects. French law (like English law) allows for a pre-estimation of damages for delay. However, the common law and the civil law approaches to such pre-estimation appear to differ, as pan-European construction professionals may have encountered.read more »

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Litigating a dispute with French connections – the rule of exorbitant jurisdiction applied by the French courts

Continuing our discussion on issues to consider when litigating a dispute with French connections (see our last post “A Growing Trend In French Construction Law? The Recognition of Mandatory Rules by the Court of Cassation”), the following contribution highlights a further issue to be considered by parties to a construction contract when litigating as, or [...] read more »

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Practical Aspects of Greenfield Projects in St. Petersburg

In recent years St. Petersburg has earned a reputation as an investment center with numerous greenfield projects. Greenfield projects involving the construction of industrial and sports facilities, transportation infrastructure, and residential developments, are underway. In the auto industry alone, four assembly plants have been built recently or are under construction (Toyota, Hyundai, General Motors, Nissan), [...] read more »

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Private works contract and the owner’s legal guarantee obligation

Commentary on the decision rendered by the third civil chamber of the Cour de Cassation (French Supreme Court) on September 9, 2009
To protect the contractor from the risk of the owner’s insolvency, the law No. 94-475 of June 10, 1994 on the prevention and treatment of the difficulties encountered by contractors instituted the obligation for [...] read more »

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A Growing Trend in French Construction Law? The Recognition of Mandatory Rules by the Court of Cassation

In a judgment dated February 25, 2009 (Cour de cassation, civ. 3, 25 February 2009, No. P07-20.096), the Court of cassation, the highest court in the French judiciary, confirmed its previous decisions (Cour de cassation, chambre mixte, 30 November 2007, No. 06-14.006; Cour de cassation, 3e civ., 30 January 2008, No. 06-14.641) according to which [...] read more »

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The End of Licensing of Construction Related Activities in Russia?

Important changes in licensing regulations for engineering surveys, design and construction works were introduced by Federal Law No 148-FZ dated July 22, 2008 on “Amendments to the Russian Town-Planning Code and some legislative acts of the Russian Federation”.
As of January 1, 2010, licensing of engineering survey, design and construction activities, including developer (“zakazchik-zastroishchik”) functions [...] read more »

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