Home / Expertise / Real Estate & Construction
silhouette of the tower crane on the construction site with city building background

Real Estate & Construction


We render legal advice on the development of real estate and urban projects comprising the study of property titles, designing and structuring of contractual, tax and financial aspects of the project; likewise on the drafting and negotiation of construction contracts referred to surface, usufruct, leasing, purchase, option, concession and administration and guaranty trusts. We have a specialized cross-disciplinary team of engineers, geographers and community coordinators with extensive experience on negotiation, acquisition and comprehensive restructuring of real estate properties.

CMS Grau´s Real Estate legal team participate in advising companies dedicated to the development of hydroelectric, mining, hydrocarbon, agricultural, infrastructure and real-estate projects. Due to the needs of our clients, we search and identify lands for its purchase, rural and urban real estate property rights title studies, negotiation and acquisition of lands and its physical-legal diagnosis and restructuring when applicable. As part of real estate property research, we have identified lands for agricultural purposes, with optimal conditions for housing and a variety of investments projects. We also have vast experience on the elaboration of title studies aiming to identify property ownership and assessments that affects the areas of interest of our clients; possible land overlapping and conflicts that may affect the properties of interest.

We have developed large scale of property rights studies for all kinds of projects such as highway construction, agricultural, hydroelectric, Aeolian plants, mining, and tube installation, among others. In some cases our advice comprises the identification of different possessors occupying the land. In addition, our team has vast experience on the study of urban land rights for the implementation of commercial and housing projects including the analysis of all legal permits to carry on the Project.

As part of the negotiation and land purchase, we have participated in the acquisition of different rural land (private and communal); in the negotiation of easement rights for the installation of electric transmission lines and transportation tubes as well as in the acquisition of property and easement rights regarding state-owned lands.

CMS Grau has participated in the physical and legal restructuring of real estate properties.  We have vast experience on land rectification, topographic mapping and survey, ad hoc cadasters, the approval of proceedings for urban enablement, land use modifications and registration of lands records at the Public Registry, acquisitive prescription proceedings from domain and replacement titles, elaboration of land restructuring strategies, among others.  Furthermore, CMS Grau has participated in different due diligences that allowed the acquisition of assets and shares of mining and retail related companies.

For the construction of  buildings, our team is comprised of skilled professionals in negotiating and drafting construction contracts, supply contracts and operation contracts, evaluating and recommending the type of contract as well as the recruitment system that best suits the project´s and client´s necessities.

We stay close to our client during the whole execution of the project, solving any questions that may rise from the fulfillment of the contractual obligations and the applicable regulation. It is worth to highlight our expertise in dispute resolutions related to the execution of the project and consulting services.

Read more Read less

Choose area

    Land Use

    Read more


    Show only
    CMS Ex­pert Guide to COV­ID-19 Im­pact on Con­struc­tion...
    07 May 20
    GRESB 2020 – It’s Ques­tion Time!
    GRESB has launched its 2020 Real Es­tate As­sess­ment. GRESB is the lead­ing glob­al En­vir­on­ment­al, So­cial and Gov­ernance (ESG) bench­mark for the real es­tate and in­fra­struc­ture in­dus­tries. It is a vol­un­tary...
    CMS Ex­pert Guide to COV­ID-19 Im­pact on Lease Agree­ments
    07 May 20
    The use of ex­perts in in­ter­na­tion­al con­struc­tion dis­putes: con­flicts...
    A re­cent de­cision of the Tech­no­logy and Con­struc­tion Court ap­pears to be the first re­por­ted Eng­lish de­cision to up­hold a fudi­ciary duty of loy­alty in an ex­pert wit­ness ap­point­ment. The find­ing in this...
    05 Jul 17
    Real Es­tate, Ac­quis­i­tions and Land Use
    Latam Bro­chure
    28 Apr 20
    In­dir­ect and con­sequen­tial loss ex­clu­sions: Eng­lish law holds the...
    A Tech­no­logy and Con­struc­tion Court de­cision last week has con­sidered a dir­ect at­tack on the tra­di­tion­ally nar­row in­ter­pret­a­tion giv­en by the Eng­lish courts to in­dir­ect and con­sequen­tial loss ex­clu­sion...
    27 Nov 19
    In­vest­ment ar­bit­ra­tion and con­struc­tion con­tracts: jur­is­dic­tion over...
    A re­cent IC­SID tribunal has up­held jur­is­dic­tion over a dis­pute con­cern­ing an al­leged set­tle­ment agree­ment arising from con­tract­or claims on a ma­jor in­fra­struc­ture pro­ject in the Re­pub­lic of Mozam­bi­que....
    04 Nov 19
    In­tro­du­cing the FID­IC Em­er­ald Book
    Earli­er this year FID­IC re­leased its new “Em­er­ald Book” – Con­di­tions of Con­tract for Un­der­ground Works. This ad­di­tion to the FID­IC suite seeks to fill a gap amongst stand­ard forms as a spe­cial­ist...
    17 Oct 19
    Delay ana­lys­is un­der the mi­cro­scope: com­mon sense wins out over meth­od­o­logy
    A de­cision of an Aus­trali­an court last month has con­sidered the evid­en­tial re­quire­ments for prov­ing delay claims in con­struc­tion dis­putes. The de­cision com­ments on the rel­ev­ance of the 2nd Edi­tion of...
    11 Oct 19
    Quantum meruit claims after ter­min­a­tion: a chan­ging of the tide?
    A de­cision of the Hight Court of Aus­tralia earli­er this week has held that resti­tu­tion­ary claims on a quantum meruit (i.e. reas­on­able price) basis by con­tract­ors after the ter­min­a­tion of a con­struc­tion...
    03 Oct 19
    Use of Dis­pute Boards: one of FIDIC's five Golden Prin­ciples
    FID­IC has re­cently pub­lished de­tailed guid­ance as to the five “Golden Prin­ciples” first in­cluded with the FID­IC 2017 suite of con­tracts. These prin­ciples seek to identi­fy lim­its to the types of amend­ments...
    24 May 19
    FID­IC claims no­ti­fic­a­tion pro­vi­sions: Hong Kong High Court guid­ance
    A re­cent de­cision of the Hong Kong High Court has con­sidered the ef­fect of claims no­ti­fic­a­tion pro­vi­sions which re­quire a con­tract­or to state the con­trac­tu­al basis of a claim. Such a re­quire­ment now forms...