Infrastructure and Projects
We represent developers and landowners developing multi-use commercial and residential real estate projects including advising on joint venture arrangements and project documents such as construction contracts, agency agreements, sale agreements and long-term leases.
Advised TSAVO City, a leading developer targets investors seeking investments in affordable housing units, on ten of its projects situated in Nairobi and Kiambu counties including project and tax structuring, regulatory compliance with county and environmental laws, change of user applications, project sales, titling, transfer of reversionary interest, commercial space licensing and property management.
In collaboration with our partners in South Africa, we advised Rosslyn Rose on their MAREF-funded development in Kenya known as the “Rose” situated in Gigiri, including legal due diligence and structuring, property conversion and registration, corporate structuring and capitalisation, finance documents, escrow arrangements and advice on Kenya law requirements in respect to a share purchase agreement and development lease.
Advised a family business based in Kiambu on the reorganization of its real estate portfolio worth USD 4 million including a subdivision and transfer of its real property into its subsidiaries, restructuring of its leasing arrangements with existing tenants and the negotiation of the sale of the subsidiary businesses to third parties.
Advised KWEA, a leading developer that targets investors seeking investments in the hospitality, residential and purpose-built student accommodation, on five of its development projects situated in nairobi and Machakos counties, including project structuring, project sales, dispute resolution, sectional titles, employment and HR advisory and revenue share management arrangements.
Advised Aggregate Construction on the terms of their construction contracts including FIDIC contracts, demand bonds and related project finance arrangements.
Advised BuildX, a design-build contractor based in Kenya, on its commercial contracts including project finance arrangements, setting up of a development company for its “Zima Homes” project in Wangige as well as various agency agreements.
Advised Ivory Ridge on a construction contract for a multi-residential development in Kileleshwa including provision for various professional services such as architects, quantity surveyors and contractors, advising on retention sums during defects liability periods, damages for delay in completion, professional performance bonds and insurance.
Advised a developer in the hospitality sector on a construction dispute regarding contractual completion dates and associated project risks, including representation in expert determination proceedings.
Advised a leading developer in the affordable housing space on an intellectual property claim against a competitor attempting to pass off our clients well known trademark to confuse investors aware of our client’s brand, which included filing expungement proceedings against the competing business.
Advised a real estate developer on a malicious boundary encroachment claim before the High Court of Kenya, including representing the developer in challenging interim injunction orders and seeking an undertaking for damages against the claimant.
Advised a real estate developer on settlement of a boundary encroachment claim by a neighbour including agreement on terms of a binding settlement agreement and registration of a permanent easement to protect our client’s significant investment on the adjacent property.
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