Construction and Real Estate

The attorneys of NOVE have excellent competence and practical experience in preparing real estate transactions, holding negotiations and counselling, as well as in real property dispute resolution and resolving of building and planning law issues that may arise in the course of transactions. Our attorneys have participated, inter alia, in the preparation of design, supervision and construction contracts for major construction projects carried out in Estonia. The construction and real estate team is led by Kristjan Tamm who has legal as well as engineering education enabling us to go into even the most complicated construction and design issues in drafting of contracts as well as in dispute resolution. The members of NOVE’s construction and real estate 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 and real estate, we assist our clients in:

  • Preparation of contracts required for acquisition or disposal of real property, conducting legal due diligence, conducting negotiations for transactions (including for major business property objects)
  • Preparation of contracts required for granting the use or occupying real property (lease, commercial lease, right of superficies, usufruct, etc,) and conducting negotiations for transactions (including commercial premises, restaurants, forest land, mines, etc.)
  • Preparation of construction contracts and design contracts and conducting respective negotiations (including FIDIC contracts)
  • Defending their interests and rights in proceedings regarding comprehensive plans, special spatial plans and detailed spatial plans 
  • Defending their interests and rights in permit granting procedures, including building permit and use and occupancy permit granting procedures as well as in applying for design specifications 
  • Defending their interests and rights in civil disputes relating to construction and real estate, including in arbitration proceedings in disputes regarding defects in buildings and building design documentation 
  • Defending their interests and rights in administrative disputes related to construction and real estate, including in disputes regarding public procurement, buildings permits and detailed spatial plans 

Some of the most significant projects assigned to us:

  • Preparation of new standard agreements (design agreements, construction agreements, purchase agreements) for Palmatin OÜ
  • Preparation of new standard agreements (design, owner supervision, consulting) for AS Infragate Eesti
  • Advising BORG OÜ in acquiring a part of a land plot near of the current production building for establishing a show room for the furniture produced by Borg
  • Helping Danpower Eesti AS to negotiate the construction contract to upgrade the automation of the district heat supply system
  • 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
  • Preparation of the procurement documents and design contract for Haljala school 
  • Consultation related to the preparation of the procurement documents and construction contract for Narva theatre building of Vaba Lava SA 
  • Transaction structuring for acquisition of Hotell Pärnu and legal advice for the acquisition transaction 
  • Drafting the lease contract between the Republic of Estonia and Kultuurikatel and related counselling 
  • Representation of Tallinna Sadam AS in litigation related to deficiencies in building design documentation  
  • Representation of Merko Ehitus Eesti AS in arbitration proceedings related to a violation of the construction contract 
  • Representation of DanPower Eesti AS in a public procurement litigation case related to construction 

Construction and real estate team members:

Kristjan Tamm (team leader)
Urmas Volens
Veiko Vaske
Kaija Riismaa
Triin Tiru
Indrek Niklus
Heili Püümann
Marika Oksaar