The project owner enters into contractual and non-contractual relations with a large number of persons (builders, neighbors, purchasers).
The project owner has a certain number of obligations, violations of which, may result in his civil or ten-year construction liability. Thus, it is crucial for him to be regularly advised from the very elaboration of the contract scheme. The Firm regularly intervenes alongside the project owners, both in the preparation of the building program as well as in litigation.
Following the occurrence of a claim, our lawyers also assist the project owners in dealing with their insurers and builders, enabling them to ensure that the applicable coverages are mobilized and to set up any recourse they may have.
The Firm regularly represents architects, builders, their subcontractors and insurers before judicial and administrative courts. Most frequently, it concerns litigation related to the implementation of legal insurance guarantees.
When mandated by the insurer, the Firm intervenes under policies such as Construction Damage, Construction Decennial Liability and Promoter's Liability.
Our lawyers also manage contractual litigation cases dealing with project delays, penalties, waiving of work delivery reservations and additional work.
The Firm regularly defends the interests of industrial site operators, maintenance companies, manufacturers or suppliers of industrial equipment and design offices carrying out industrial process works, established in France and abroad, whose professional civil liability is sought by users of their services or third parties.
Our lawyers are involved at all stages of the industrial operations, from the development of projects, during their implementation and throughout the life of the installations.
Following the occurrence of a claim, the Firm assists our clients in determining damages and implementing the necessary remedies.
The liability of product manufacturers and their importers in the European Union can be claimed for lack of conformity, lack of performance, hidden defects, lack of safety, lack of advice or late delivery.
The financial consequences of such litigation may far exceed the cost of manufacturing and marketing the products.
BELOVETSKAYA AVOCATS works alongside manufacturers and importers in the European Union to prevent and manage litigation relating to their product liability.
We act on behalf of ship owners for their Hull & Machinery insurance and when their P&I is involved. Our field of intervention also includes all yachting activities (Hull and P&I, refit and repairs, crew and A&H, tour operator, yacht broker/manager...). We also represent the interests of project owners and shipbuilders (before and after acceptance).
We advise our clients on the application of insurance coverage with regard to the definition of the claim provided for in the policy and the possible conditions and exclusions of indemnification.
The law firm BELOVETSKAYA AVOCATS represents cargo owners, freight forwarders and their insurers when investigating causes of cargo damage and/or liability (fire, contamination, theft, Delay in Start-Up, misappropriation…) and defending their interests.
In the absence of a waiver or amicable settlement, we also implement possible recourses against shipowners, freight forwarders, haulers, terminal operators, or warehousemen.
Industrial operations and construction work require environmentally friendly procedures. However, it is common in these areas to generate, rather sudden and accidental or gradual pollution.
If this occurs, it is the responsibility of the operator to support cleaning costs and to indemnify damages to third parties.
The Firm assists clients, effectively defending their interests against unjustified or highly exaggerated claims and exercising their remedies.
The development of renewable energies entails major investments in complex projects. As such, their operations are more unpredictable. Yet with no obligation for decennial liability insurance, the constructions do not systematically have rework coverage. In their case, only dismantling insurance is required.
If an accident occurs, we defend the interests of operators, assisting them in assessing the loss, triggering insurance coverage and taking legal action.
A dispute occurring abroad may impact the parent company and its insurer even in the absence of a master policy. This type of dispute usually requires the implementation of a careful strategy, considering the jurisdiction or arbitration clauses provided for in the contracts involved.
We intervene alongside French insurers, particularly in the capacity of monitoring council.
Our role is to set up a common strategy with local correspondents to enable the insurer to assess its provision, reduce the financial impact of the claim and ensure the favorable conditions in the exercise of claims.
The long-term experience of our founding partner in Russia and France, including in the field of private international law, as well as her double academic education, allows the law firm BELOVETSKAYAYA AVOCATS to effectively protect the interests of our clients at all stages of disputes with their foreign partners.
Our lawyers are always trying to facilitate a settlement in these instances out of court, which, given the cost of the arbitration process, enables them to significantly reduce their litigation costs.
In cases of impossibility to reach an out-of-court agreement, the Firm represents their interests in institutional and ad hoc arbitration proceedings organized in Russia, other CIS countries or in Europe.
French legislation and case law are becoming increasingly attractive for facilitating alternative dispute resolution methods.
Thus, our lawyers accommodate our clients when applying for a judge to be appointed in order to help the parties reach an amicable agreement.
In such a case, the judge will assist the parties in reaching this agreement instead of settling the dispute.
The Firm accompanies our clients in such instances or in traditional negotiations in order to resolve disputes out of court and draw up settlement protocols.
It is often in the interest of all parties involved in the procedure to implement an alternative solution to the dispute.
Mediation has many advantages in this regard. It is confidential and non-binding. It also aims to consider the full range of interests of all parties.
The role of accompanying lawyers is crucial for its successful implementation. Their assistance allows the parties to possess full legal analysis of the dispute, to better understand the mechanism of this procedure, as well as to ensure the quality of the mediation agreement. Our experience in such alternative ways of dispute resolution allows us to successfully assist our clients in the mediation process.