Specialization

Klára TomaierováYou know where you are and where you are going. Your strategy has clear objectives. You are ambitious and demanding. You are goal oriented. However, you understand that specialized services of top level consultants may take you even further. If this is the case, we are your natural partner. After all, clients like you can bring out the best in us. With missions that pose a permanent challenge. With cases that compel us to find new solutions and think outside the box. Demands that require critical assessments of generally accepted practices and routines. The way we operate and think is always based on the aforementioned principles.

Legal services

In providing our services, we focus solely on results. We focus on support and solutions that progress your business plans towards your goal. Our independent thinking and creative ideas, together with individuality and innovations, represent the difference between a qualified service and superior legal services. Be demanding. Experience the difference.

Even though we specialize in dispute resolution and arbitration, construction and real estate, public procurement, insolvency and restructuring, and commercial law, we can offer excellent legal services in other areas of law.

 

 

Dispute resolution and mediation

Our team has extensive experience in representing clients in the course of:

  • Civil proceedings
  • Arbitration (incl. international arbitration)
  • Mediation (click here for more information)
  • Insolvency proceedings
  • Administrative proceedings

The quality of our services has been repeatedly recognised by international rating agencies that monitor quality of services of law firms within individual markets:

  • Jan Tomaier is a recommended lawyer in the area of dispute resolution. According to Chambers Global (2010): “Jan Tomaier made a good impression with his thorough and positive approach: He takes into account all facts and risks, dazzling with his detailed arguments”. According to Chambers Global (2013): “Jan Tomaier is…particularly mentioned for his experience in the area of construction-related dispute resolution. Clients consider Jan to be a very reliable and fast-reacting legal counsel.”
  • Jan Tomaier ranked among leading attorneys in the area of litigation in the Czech Republic, according to Chambers Europe (2011, 2012, and 2013): “Commentators highly recommend Jan Tomaier of Tomaier Legal advokátní kancelář s.r.o. as a 'relentless litigator with thorough working knowledge' and a 'talented lawyer who is a joy to work with'. He is particularly recognised for his expertise in the area of construction.”
  • Prestigious publication The Legal500: Europe, Middle East & Africa (2012 and 2013) also recommends Jan Tomaier a Klára Tomaierová in the area of dispute resolution.
  • Jan Tomaier ranked among recommended attorneys in the area of civil law according to Global Law Experts (2011).

References

  • Representation of major Czech investors in the energy sector against multinational companies in the course of an ad hoc arbitration under the UNCITRAL arbitration rules involving a breach of a shareholders agreement (value in dispute exceeded EUR 800 million).
  • Representation of a subsidiary of an international holding group against an international construction company in the course of international commercial arbitration according to the Rules of Arbitration and Mediation of the Vienna International Arbitral Centre of the Austrian Federal Economic Chamber (value in dispute amounting to approximately EUR 31.8 million).
  • Representation of a multinational construction company against a major multinational industrial holding in a dispute relating to compensation for damages exceeding tens of millions of euros.
  • Representation of an investor in the course of complex litigation and insolvency proceedings relating to an acquisition of the largest outlet centre in Central Europe “Galleria Moda”, located near the Prague Airport, and subsequently making the centre operational.
  • Representation of a multinational construction company in the course of a dispute with a prominent Czech company relating to commercial cooperation in removing environmental burdens in an industrial site located in the Czech Republic (value in dispute exceeds CZK 170 million).
  • Representation of a professional association of insurance companies providing third-party motor vehicle insurance in a dispute with an individual claim more than CZK 125 million in damages.
  • Representation of a client in a dispute against a leading Czech bank relating to the settlement of a damages claim exceeding CZK 100 million.
  • Successful representation of an insolvency administrator of a debtor in a dispute against an investor, who unlawfully utilised a bank guarantee securing the removal of warranty defects in connection with a civil facility (municipal swimming pool). The value in dispute amounted to CZK 100,000,000.
  • Successful representation of an insolvency administrator of a debtor in a dispute relating to the termination of a contract for work in connection with a residential development project in Prague. The dispute related to the settlement of outstanding construction works and unlawful utilization of a bank guarantee. The value in dispute exceeded CZK 47 million.

Legal relations in construction and real estate

We provide legal advice on all aspects of the development process – from construction projects, to execution of construction works, to completion and operation of buildings (incl. sale and lease).

We specialize in:

1. Preparation of contractual documents (contracts for work between contractors and investors, subcontracting agreements, consortium agreements, financing agreements, etc.)
During the preparatory stage of a project, we mainly focus on:

  • Clarifying any ambiguous provisions of contractual documents, ensuring their effectiveness, practicality, with an emphasis on minimizing unforeseeable problems in the course of contractual relations;
  • Allocation of risks stemming from contracts for work between contractors and clients (with a specific focus on FIDIC general conditions);
  • Detailed review of construction schedule, change request templates, guidelines, requests for information and template documentation concerning claims;
  • Contract management.

2. Resolution of conflict situations in the course of construction, with focus on dispute prevention, including subsequent settlement of such contractual relations and resolution of disputes, where appropriate.

Our domain includes in particular:

  • Assistance with the management of construction projects, particularly with regard to preparation of claims against investors or contractors or defence of such claims (claim management, dispute agenda management);
  • Time management: time schedules, progress reports, extension of time (EOT) claims, critical path method analyses, issues relating to acceleration, mobilization, demobilization, and re-mobilization;
  • Changes to the subject matter of works and change processes;
  • Dispute resolution, including mediation and arbitration. We specialize in dispute prevention, mitigation, and effective resolution.

We are one of the few firms on the Czech market to specialize in the application of FIDIC conditions of contracts within the Czech legal environment; we mainly prepare FIDIC-based contracts for work and amendments thereto for our clients.

Moreover, we provide our clients with advisory services in all aspects of their real estate transactions. The main domain of our services is advising on real estate acquisitions through direct sales, transfer of business or shares, real estate project development, including construction permits, contracts for work, sale and purchase agreements, and lease agreements (incl. lease of non-residential premises in shopping centres), as well as resolution of disputes relating to real estate, comprehensive management of contractual documents for investors, developers, buyers, sellers, landlords, and tenants, including specialized contracts with architects, project and property managers.

We are strongly engaged in:

  • Advisory services in forming joint ventures and partnerships between investors for the purpose of executing one or several investment or development projects;
  • Consultancy in the area of project financing, mainly credit financing and associated security;
  • Legal audits with a view to identify and eliminate risks associated with real estate transactions;
  • Representation of clients before public authorities in securing any public permits in the course of zoning, construction, and associated proceedings;
  • Management and recovery of claims arising from lease agreements (particularly for non-residential premises).

References

  • Representation of an investor in the course of complex litigation and insolvency proceedings relating to an acquisition of the largest outlet centre in Central Europe “Galleria Moda”, located near the Prague Airport, and subsequently making the centre operational;
  • Representation of a major Israeli developer in arbitration proceedings with a general contractor according to the Rules of Arbitration and Mediation of the Vienna International Arbitral Centre of the Austrian Federal Economic Chamber. The value in dispute amounted to approximately EUR 33 million.
  • Provision of comprehensive legal services to Eiffage Construction Česká republika, s.r.o., subsidiary of a major French construction company operating in the area of civil engineering and transport infrastructure, in connection with its business dealings not only in the Czech Republic, but also in Poland and Slovakia;
  • Successful representation of an insolvency administrator of a debtor in a dispute against an investor, who unlawfully utilised a bank guarantee securing the removal of warranty defects in connection with a civil facility (municipal swimming pool). The value in dispute amounted to CZK 100,000,000;
  • Successful representation of an insolvency administrator of a debtor in a dispute relating to the termination of a contract for work in connection with a residential development project in Prague. The dispute related to the settlement of outstanding construction works and unlawful utilization of a bank guarantee. The value in dispute exceeded CZK 47 million;
  • Representation of Centrum Krakov a.s. in matters relating to the start of operations and lease of a shopping centre in Prague.

Insolvency and restructuring

We provide our clients with legal assistance in all areas of insolvency law (enforcement of claims, representation of debtors in the course of insolvency proceedings, incidental proceedings, etc.).

Insolvency

In the area of insolvency law, we mainly specialize in:

  • Assessment of the situation and assistance in restructuring in the event of debtor’s insolvency;
  • Recommendations for resolving insolvency and preparation a resolution process by bankruptcy or reorganization;
  • Preparation and due enforcement of claims in the course of insolvency proceedings, assistance in maximizing the satisfaction in insolvency;
  • Assistance in defending vexatious insolvency petitions and recovery of incurred damage;
  • Settlement of mutual claims in case of insolvency (even where set-off of mutual claims is prohibited);
  • Enforcement of outstanding claims against individuals who caused debtor’s insolvency, including representation in criminal proceedings;
  • Advisory services in connection with the selling and acquiring companies and other assets of debtors in the course of insolvency proceedings;
  • Support to insolvency administrators managing estates of insolvent parties;
  • Assistance in resolving issues relating to bank guarantees securing debtor’s obligations in case of insolvency;
  • Representation in the course of incidental disputes (disputes over receivables and property);
  • Assistance in the event of cross-border insolvency.

Restructuring

  • Audits and advisory services aimed at improving business management;
  • Analyses of past and ongoing projects with a view to identify reasons for project losses and proposal of measures aimed at preventing or reducing such losses;
  • Audits of contractual documents and internal processes with a view to enhance the business management process;
  • Proposal of measures aimed at reducing business losses.

Liquidation

  • Closure of business operations;
  • Settlement of receivables and liabilities;
  • Services of a liquidator and company administration in the course of its liquidation.

References

  • Successful defence of a Czech subsidiary of a prominent French construction company in the course of insolvency proceedings instituted on the basis of a vexatious insolvency petition;
  • Legal advice to an insolvency administrator in the course of insolvency proceedings of Eiffage Construction Česká republika, s.r.o., a major construction company, during insolvency proceedings instituted on the basis of its own petition due to over-indebtedness, including the representation of an insolvency administrator in tens of incidental disputes;
  • Representation of Eiffage Construction Česká republika, s.r.o., VOKD, a.s., and OHL ŽS a.s. in the course of insolvency proceedings initiated by a debtor, Kamil Šaray. During the proceedings, the debtor enforced claims against our clients in excess of CZK 1.2 bn.;
  • Representation of an owner of the Galleria Moda outlet shopping mall near the Prague Airport in the course of insolvency proceedings, including incidental disputes, disputes over compensation for damages, and other legal disputes;
  • Representation of controlling entities in the course of insolvency proceedings involving a property development company in connection with enforcement of claims against a debtor;
  • Representation of JDK, spol. s r.o. in enforcing claims in the course of insolvency proceedings of intaz – int. spol. s r.o., claims for damages against the debtor’s executive director in the course of criminal and civil proceedings;
  • Representation of subcontractors of a general contractor in construction in connection with enforcing claims in the course of insolvency proceedings and against controlling entities that caused debtor’s insolvency;
  • Management of claims under classified bank loans in the nominal value of approximately CZK 600 million, with the majority of these claims resolved in the course of insolvency proceedings.

Trust services, corporate services

We prepare and manage tailored solutions for our clients aimed at preserving wealth, property management, and planning of intergenerational wealth transfer to children and other individuals.

Our services comprise the following:

  • Formation and administration of business corporations, holding structures, trusts, foundations and endowment funds, off-shore structures, including external international tax planning services;
  • Structuring of asset control, asset management and protection - private equity, real estate, intellectual property, yachts and airplanes, and works of art;
  • Nominee services, services of a trustee, trust protector, management board of endowment funds, and endowment fund protector;
  • Regulation of marital property regime;
  • Intergenerational succession in terms of family wealth (inheritance, testaments, succession agreements, bequests, donations, and support); and
  • Family office services (management of family wealth), including external services of personal bankers, asset managers or tax advisors, even abroad, mostly in Switzerland.

Business and civil law

Our team provides comprehensive legal services to clients in the area of commercial and corporate law:

  • Company formation, administration of corporate affairs, liquidation
  • Registered capital increase and reduction
  • Regulation of intra-company legal relations, Board Meetings and General Meetings
  • Shareholders agreements
  • Acquisitions and divestments of shares, establishments or assets
  • Company mergers
  • Legal audits – due diligence
  • Joint ventures
  • Shareholder rights
  • Fulfilment of registration and reporting obligations

Commercial contract law:

  • Drafting and continuous updates of client’s standard legal documentation, including standard terms and conditions, and standard contract templates;
  • Drafting and updates of documentation to ensure compliance with regulatory requirements;
  • Organization of trainings for our clients’ employees – in the area of legal aspects of sales or acquisitions, acting on behalf of a company, liability of authorized representatives, principles of prudent and professional management;
  • Monitoring of clients’ compliance with regulatory requirements, such as procurement of related party reports, monitoring of compliance with reporting obligations to market regulators, etc.;
  • Consultations concerning legal aspects of client’s business projects.

Public procurement

Our services in the area of public investments include, without limitation:

  • Execution (administration) of tender/concession award procedures;
  • Comprehensive definition of a public procurement/concession award system;
  • Comprehensive legal support for PPP projects;
  • Analyses of procedures in the area of public procurement, concession award, and public aid;
  • Drafting of standard documentation for tender/concession award procedures;
  • Final inspection of tender specification prior to publication of tender procedures;
  • Opposition in the course of a tender procedure, representation in proceedings before the Czech Office for the Protection of Competition or courts in connection with public procurement or concessions;
  • Consultations on any issues in the area of public procurement;
  • Public aid.

Members of our team took part in the following cases:

  • Representation of a prominent multinational company during opposition proceedings in connection with tender specification relating to the supply of technology for major transport infrastructure project in Prague;
  • Representation of a prominent multinational company in the course of a dispute relating to compensation for damages caused by failure to execute an important public contract in the area of transport infrastructure in Slovakia due to breach of subcontractor’s obligation to ensure qualification for the said public contract;
  • Review of tenders of a prominent multinational construction company submitted in tender procedures relating to public construction projects in the Czech Republic;
  • Representation of a prominent multinational construction company in filing objections in the court of a tender procedure relating to the construction of a new building complex for a Czech university.

 

Back to top

© Tomaier Legal 2020
UNDEFINED: COOKIES_ALERT
Rozumím
x