Expertise

 

Construction & Development

Construction & Development sector has a number of industry-specific business risks: a sharp increase of prices for construction materials, currency exchange rate fluctuations, natural hazards, regulatory changes. Bankruptcy is one of the most effective instruments of full or partial risk compensation for creditors in Construction & Development sector.

Nobili advises Construction and Development sector players relating to:

  • bankruptcy of partner companies (suppliers, distributors, sub-contractors), which influence the activities and sustainability of construction and development companies
  • dispute resolution
  • assessment of bankruptcy risks of construction and development companies, contractors general and other key sub-contractors
  • debtor-initiated bankruptcy proceedings
  • representing construction and development companies in bankruptcy proceedings
  • representing of the interests of individual investors and creditors in bankruptcy proceedings of construction companies
  • representation in criminal proceedings on the alleged bankruptcy fraud
  • counteractions to fictitious bankruptcies

Projects

Client: a Ukrainian auto car dealer, the creditor

Nobili represented the creditor in a bankruptcy case. On the creditor’s demand, a real estate purchase agreement was acknowledged void because the purchase price of real estate in question was proved to be significantly lower than the market price of similar real estate assets. The creditors’ claims were met to a considerable extent from the property sale.

Deal value: USD 7 000 000

Client: RAPID KD – a construction company

Nobili represented the client (the debtor) and acted as external counsel to the Insolvency Officer in bankruptcy proceedings. Nobili supported in client in disposing of the creditor’s assets at top price and using the proceeds towards the claims of the group of creditors, which included the State Fiscal Service of Ukraine.

Deal value: USD 6 000 000

Client: Ukrsotsbank, one of the top 10 banks in Ukraine by assets; before 2016 – member of UniCredit Group

Nobili represented the creditor (Ukrsotsbank) advising on protecting an incomplete construction object, the debtor’s only asset, from raider attack. Nobili performed legal due diligence of the asset, assessment of regulatory and other permit documents, Nobili also advised the Insolvency Officer in bankruptcy proceedings.

Deal value: USD 6 000 000

Client: a national construction company

Nobili acted for the client in courts to challenge the tax notices of the tax authorities and the illegitimate actions of law enforcement agencies during the search on the premises of the client.

The tax notices of the tax authorities were invalidated, all client belongings confiscated during the search were returned to the client.

Deal value: about USD 98,000

Client: a National construction company

Nobili represented the client on collecting outstanding debt under the supply contract. The legal position of the client was upheld by the Supreme Economic Court, the principal amount of outstanding debt as well as the currency depreciation losses and a 3% interest rate were collected in favour of the client.

Deal Value: about USD 141,000

Team