Construction in Exchange for Land Shares and Construction Contracts

Prepared by: Constantinople

Grounds for Termination

A landowner may seek termination because the contractor has not performed or has seriously delayed the work. However, merely expressing dissatisfaction should not be assumed to reverse every title transfer. Contractual obligations, reasons for delay, construction progress and each party's performance are examined. The effect of termination on earlier transactions must also be assessed.

Construction Status and Notices

Prepare the notarised agreement, supplementary protocols, permit and project, work programme, correspondence and title transfers together. Which shares were transferred to the contractor at which stages is particularly important. Sales, mortgages and independent-unit promises to third parties may widen the file. Technical documentation of actual progress provides a sounder basis than relying only on the parties' statements.

Titles and Third Parties

Notice, an appropriate period for performance and default requirements are considered under the specific agreement. Settlement of the existing relationship should be planned before engaging a new contractor or intervening on site. Recording construction progress, incomplete work and usable materials may matter. Title, damages and accounting claims are distinguished and their appropriate respondents identified.

File Review

In a paid review, we compare continuation, renegotiation and termination. For a landowner abroad, authority, on-site recording and retrieval of records are planned together. Acceptance of termination or recovery of every share transferred to third parties is not guaranteed; written assessment rests on the specific documents.