Expertise

expertise-moscowXavier Poulet-Mathis has more than fifteen years' experience in the legal structuring, negotiation and implementation of infrastructure and real estate projects. This includes:

(i) Drafting and negotiating project agreements:
- design and construction contracts including FIDIC (DBO, EPC, etc.), subcontracting, associated securities and guarantees;
- setting up of JVs and consortia;
- project finance documentation.

(ii) Legal management of contractual issues arising during a project life: drafting and negotiating construction claims and settlements, as well as preparing litigation and arbitration cases.

Recent experience includes:

International construction projects:

  • Representing wealthy foreign clients on the refinancing of French based properties (€ 20 to 40 million)
  • Advising wealthy Russian and other foreign clients on many design and build contacts related to luxury villas in the south of France, with project values often above € 20 million
  • Advising the subsidiary of a Russian financial institution in the negotiation of a complex design and build "Cost + Fee" contract, related to the development of substantial commercial properties adjacent to the Dynamo Stadium in Moscow, with a project value close to € 400 million
  • Working as part of a major contractor team negotiating the financing and construction of a Hospital complex in Minsk, Belarus
  • Representing a major contractor in the negotiations of a "Cost + Fee" construction contract related to the development of the Skolkovo Innovation Centre in the Moscow Region
  • Representing a major German chemical industry company in the optimization and negotiation of a design and build contract for a chemical plant in the Shanghai region, China
  • Representing a US Real Estate Fund in the negotiation of a design and build contract provided by Turkish contractor Renaissance Construction, related to the construction of a retail complex in Turkey
  • Advising a leading German developer on the drafting and negotiation of special conditions for a turn-key design and build contract based on the FIDIC Orange Book model for a commercial gallery in Yaroslav
  • Representing a major Korean car maker on the drafting of a design build contract based on a FIDIC model of contract for a St. Petersburg car plant
  • Representing a US Real Estate Fund in the negotiation of a design and build contract provided by Turkish contractor Renaissance Construction, related to the construction of a retail complex of more than 165,000 sq. m. in Novosibirsk
  • Representing different French luxury groups in drafting and negotiating design and works agreements for fit-out works of luxury stores in Moscow and Yekaterinburg
  • Advising a leading Russian developer on the drafting of standard tender documentation based on the FIDIC Yellow Book model for business park projects in the Moscow Region
  • Representing a major general contractor in negotiating and closing several construction contracts with IKEA MOS in the Russian Federation, based on the FIDIC Orange Book turnkey construction contract. The projects are worth more than USD 160 million
  • Conducting negotiations and closing many projects in Yekaterinburg on behalf of the general contractor with UGMK, a major Russian industrial group, including the construction of a Hyatt Regency hotel
  • Representing a major general contractor in negotiating and closing a design and build contract with the Russian developer Mirax City to build a Grand Hyatt hotel in Federation Tower, Moscow
  • Representing a major general contractor in the drafting and negotiation with the owner, owner's representative and investors of tailored construction contracts for a food processing plant and the first four phases of the development of the Logopark logistics park in Moscow Oblast, with a project value of more than USD 40 million

Infrastructure projects:

  • Advising a major contractor on certain contract provisions and legal issues concerning highly technical works for a Russian nuclear plant
  • Representing a Norwegian subcontractor involved in the Concept Definition and Front End Engineering Design (FEED) for the Floating Production Unit (FPU) for the Integrated Development of the Shtokman Gas & Condensate Field Phase I project in Russia, one of the world's largest offshore gas field
  • Representing a major general contractor in drafting and negotiating with Exxon a construction contract in relation to the Russian Sakhalin I Oil and Gas Project
  • Advising a major contractor on the use of a FIDIC model contract for a public waste treatment plant in St. Petersburg
  • Working as part of a Salans team advising an international contractor on the drafting of a design-build-operate ("DBO") public contract based on the draft of the new FIDIC Gold Book 2008 for a waste treatment plant in Azerbaijan
  • Involved in negotiations with public authorities as part of a global contractor PPP project team bidding for a sports arena concession in Lithuania

Contract management of construction projects:

  • Advising wealthy Russian and other foreign clients on the contract management of design and build projects in the South West and the South East of France, conducting negotiations to settle and terminate long term judicial procedures
  • Advising a Turkish contractor on critical issues relating to construction management of Ikea Mega shopping malls in Samara and Ufa, the contracts being based on the Swedish ABT 94 construction agreement model
  • Advising a Turkish contractor on contract management issues related to a design and build construction contract for a major business complex tower in Moscow City
  • Advising a Russian Investor on a warehouse project in Tomilino, Moscow Oblast (>100,000 sq.m.), on critical issues relating to a bespoke contract based on the FIDIC Silver Book model contract
  • Representing a major general contractor in negotiating claims and addenda to several construction contracts with IKEA MOS in the Russian Federation, based on the FIDIC Orange Book turnkey construction contract; projects valued at more than USD 160 million
  • Representing a major general contractor in negotiating contract management issues connected to the Citydel office centre construction project of more than 100,000 sq. m. on the Garden Ring, Moscow
  • Representing a major general contractor on the drafting and negotiating of claims and amendments to a construction contract, as well as on critical issues connected to the implementation of such contract, in relation to the construction of Exxon corporate headquarters in Yuzhno-Sakhalin
  • Handling the representation of a major general contractor before the Russian authorities and courts in the context of an industrial accident which caused the death of several workers on a construction site
 


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