Construction Law Advisory — a Legal Audit of the Contract
Construction law advisory is a systematic review of an ongoing or planned construction relationship, without the questions that create disputes. The foundation of this review is the works-contract norms of the Civil Code: Article 629 — under a works contract the contractor undertakes to perform the work and the client to pay the remuneration; and Article 630 — remuneration is deemed agreed even without words where the work is to be expected only for remuneration, and where the amount is not agreed, the tariff or the customary remuneration applies. Advisory builds its question on exactly these two supports: what is in the document and what will remain against the background of the law.
The timing of the advisory also matters: the best format is a meeting held before the contract is signed, when every amendment is still possible; a second useful point is the middle stage of an ongoing project, where the accumulated documentation creates clarity for the second half. A late advisory also has value — but its result is then an assessment of existing mistakes rather than their prevention.
Quality and Cure Control — Articles 641 and 642
The central block of the review is quality. Article 641 provides: a thing is defect-free if it conforms to the agreed conditions, and in their absence if it is fit for contractual or customary use; a different thing or a lesser quantity is also deemed a defect. Article 642 regulates the cure mechanism: where there is a defect, the client may demand supplementary performance; the contractor has the choice — to eliminate the defect or make a new thing, at his own cost (transport, labour, materials), unless this requires disproportionate costs. The audit compares these norms with the document: is the measure of quality described, and is the cure procedure present in the contract?
Handover and Acceptance — Article 649
The acceptance stage is the most disputable point of a construction relationship, and the law regulates it clearly: where under the contract or the nature of the work a transfer is required, the client must accept the completed work; immediately upon acceptance he must pay the remuneration; and the work is deemed accepted if the client fails to take it within the period set by the contractor. The advisory regulates this stage in advance: the acceptance procedure, the form of the acts and the method of recording objections are defined — because exactly this documentation becomes the principal evidence of any later dispute.
Deadlines — Article 655
Every construction relationship has a legal horizon: Article 655 provides that a claim for a defect of performance may be brought within one year, and a claim concerning a structure — within five years from the day of acceptance of the work. The advisory translates these deadlines into a calendar: when each period starts, which document records acceptance, and how much time remains for a claim. This knowledge is the cheapest form of dispute prevention.
What an Advisory Session Covers
A construction law advisory practically analyses four blocks: the content of the contract (the document's conformity with the statutory rules — Articles 629 and 630); the quality and cure regime (Articles 641 and 642); the handover and acceptance procedure (Article 649); and the map of deadlines (Article 655). The result is a clear picture: where the contract is strong, where weak, and what must change before a dispute. A lawyer completes this analysis with a written conclusion and, if needed, prepares the amended text of the contract — so that every clause stands on a statutory support.
Additionally, the documents the lawyer places at the foundation of the analysis include: the contract itself and its addenda, the technical brief and the project, the staged acts and the parties' correspondence. Where a link is missing, that is exactly the weakness that will appear first in a dispute — and restoring it in time is far cheaper than in court.
Frequently Asked Questions
Below are frequent questions of construction law.
What is a contract for work?
A contract under which the contractor undertakes to perform the stipulated work and the customer must pay the agreed remuneration; where the thing is made from the contractor’s own material, ownership passes to the customer.
When is remuneration deemed agreed?
Where, according to the circumstances, work is expected only for remuneration — even implicitly; where the amount is not agreed, the tariff rate applies if tariffs exist, otherwise the usual remuneration.
Which product is free of physical defects?
One corresponding to the agreed conditions; absent agreement, one fit for the contractual or usual use; a product of different kind or lesser quantity is deemed defective.
What is supplementary performance?
Elimination of the defect or manufacture of a new product at the contractor’s choice, bearing the necessary costs — transport, work and materials; the contractor may refuse where this requires disproportionate expenses.
How We Help on Legal.ge
The cost of a construction dispute almost always exceeds the cost of an advisory: expert examinations, court expenses and time are built on problems that a single clause of the document would have eliminated. The advisory limits risk in both directions: it gives the client a substantiated measure of quality and the contractor a clear procedure of payment and acceptance. A construction law advisory at Legal.ge means your contract is verified in the language of the law — before a dispute, not after it.