For every party on a Cyprus project
Kleanthous & Platis advises on construction and building projects across Cyprus. We act for developers, main contractors, subcontractors, consultants and investors, including clients based outside Cyprus.
A project may involve unpaid certificates, delay, variations, defects or incomplete works. We review the relevant contracts and records, identify the immediate risks and set out the practical options.
New enquiries
Identify the parties, the project, the present stage of the matter and any court, contractual or completion deadline. Remote consultations can be arranged for clients outside Cyprus.
Before and during the project
Permits, procurement and project set-up
We assist at every stage before and during a project, from securing the right approvals to structuring the contract chain: planning permit, building permit and title compliance checks; review of the head contract, subcontracts and consultant appointments; procurement strategy, tendering and contractor selection; performance bonds, guarantees and insurance requirements; collateral warranties and step-in rights for funders and purchasers; and coordination with architects, engineers and quantity surveyors.
Two permits, not one, and they come from different authorities. Planning permission decides whether the development may happen; the building permit under the Streets and Buildings Regulation Law, Cap. 96 governs how it is built, and section 9A of that Law prevents a permit being implemented at all unless the appropriate authority is satisfied that a supervising engineer has been duly appointed, with the owner obliged to notify that engineer in writing of the start of works and of any suspension. Where works are carried out without the permit Cap. 96 requires, section 29 makes the breach a civil wrong actionable by anyone who suffers damage from it, and subsection (3) prevents that liability being limited or excluded by any contractual term or notice.
The contract chain sits on top of that. The head contract, the subcontracts and the consultant appointments are agreements under the Contract Law, Cap. 149, and where one of them fixes a sum payable for delay, section 74(1) decides what it is worth: where a contract names a sum to be paid on breach, reasonable compensation not exceeding that sum may be awarded, whether or not actual damage or loss is proved. Getting the structure right at the outset reduces the risk of disputes later. Where specialist technical or costing input is needed, we coordinate with the appropriate professional.
The contract
Construction contracts and projects
A construction contract should reflect how the project will actually be administered. We advise on the scope of work, price, programme, certification, variations, extensions of time, retention, insurance, bonds, defects obligations and termination rights.
Our work includes reviewing or preparing building contracts, subcontracts, letters of award, guarantees, settlement agreements and project correspondence. We also advise during the project when a payment, variation or delay issue needs to be addressed before it becomes a larger dispute.
When it goes wrong
Construction disputes
Disputes concerning defects, incomplete work, delay or payment depend heavily on the documents and on notices given at the time. We assist with unpaid work, disputed certificates and deductions; variation and additional work claims; defects, remedial costs and incomplete works; delay, extensions of time and disruption; final accounts, retention and guarantees; and collateral warranty, defects liability and third-party claims.
Depending on the matter, the appropriate step may be a focused legal opinion, a formal letter, negotiation, interim court relief, proceedings or advice connected with arbitration. We consider proportionality, evidence, cost and the commercial objective before recommending action.
The dispute work is set out in more detail under construction disputes and Construction.
First steps
How we assess a matter
We begin with the contract, title records, correspondence and any urgent deadline. The useful material often includes drawings, certificates, payment applications, site instructions, photographs, expert reports and a clear chronology.
After conflict and regulatory checks, we confirm the proposed scope of work and fee basis in writing.
If you are on a project now, tell us where you sit in the contract chain and which contract is in use, at office@kleanthousplatis.com, or the enquiry form. We reply within one business day.
Who we act for
The same project looks different from each seat
What counts as a good outcome, and what the risks actually are, depend on where you sit in the contract chain.
Developers and employers
The exposure runs in two directions at once: upward to purchasers, funders and authorities, and downward to the contractor and the consultants. The work is consequently about making the chain consistent, so that an obligation owed to a purchaser is matched by an obligation owed to you by whoever will actually have to perform it. Where the units are being sold before completion, the sale contracts and the building contract have to be read against each other rather than drafted by different people at different times.
Main contractors
A main contractor sits between an employer that wants certainty and a supply chain that cannot always give it. The practical work is about protecting entitlement while the project runs: giving the notices the contract requires, keeping the variation account current, ensuring certificates are applied for and pursued on time, and making sure that what has been accepted downward matches what has been accepted upward. Where the employer stops paying, the response is a sequence rather than a single step, and the sequence matters.
Subcontractors and suppliers
The recurring problems are payment that is contingent on something the subcontractor cannot see, a scope defined by reference to a head contract it has never been shown, and retention that is never released. These are addressable at the point of engagement and very difficult afterwards, so a short review before signing a subcontract is usually the highest-value thing a subcontractor can buy from a lawyer.
Architects, engineers and other consultants
Consultants answer on the terms of their own appointments, and those appointments are frequently the least carefully drafted document on the project. The work is both preventive, meaning appointments that define the service, the standard and the limits of liability, and defensive when a claim arrives, where the questions are what was actually engaged for, what the standard required, and how responsibility is apportioned between design, workmanship and supervision.
Owners, purchasers and management committees
An owner who bought a completed unit is in a different position from an employer who commissioned the building, because the contract is with the vendor rather than with anyone who built it. Establishing what remedy exists, and against whom, is the first piece of work, and where a block is involved the question of what is a private defect and what is a common one arises immediately. Where the matter is a purchase, a title or a lease rather than a build, it belongs under property.
Funders and investors
A lender or an investor is exposed to a project it does not control, and its protection is contractual: collateral warranties, step-in rights, assignment of the building contract and the consultant appointments, and security over the asset. Those documents are worth reading against the project rather than filed as standard forms, since a step-in right that cannot practically be exercised is not protection.
Cost
What this work costs
Contract review before signature is quoted as a fixed fee, because the work is definable: we read the contract, the specification and the appointments, and we report on what is missing, what is dangerous and what should be negotiated, with drafting where you want it. It is the cheapest useful thing on this page and it is the one most often skipped.
Advice during a live project is generally taken in short, defined pieces: a view on a notice, a letter, a review of an application or a certificate, or an opinion on whether a step is available. That suits the way projects run, and it keeps the cost proportionate to a decision rather than to the value of the building.
Disputes are priced by stage and estimated before each stage begins, with the two relevant numbers kept in front of you throughout: what the claim is worth if it succeeds completely, and what it will have cost to get there. Where those approach one another we say so. Cost, evidence and the commercial objective are weighed before any step is recommended, and remote consultations can be arranged for clients outside Cyprus.
Frequently asked questions about construction lawyers in Cyprus
At what point should a lawyer be involved in a construction project?
Before the contract is signed, and then in short pieces as the project runs. The documents settled at the outset determine almost everything that can be argued later, and the notices given during the works determine whether an entitlement survives. Involvement after a defect has appeared or a payment has been refused is still worthwhile, but by then the options are narrower and the cost is higher.
Can you act if the project is outside Nicosia?
Yes. We act on projects across Cyprus, and construction work is largely document based, so the location of the site affects inspections and expert attendance rather than the conduct of the matter. Remote consultations can be arranged for clients who are not in Cyprus at all.
Do you work with technical experts?
Where the issue is technical, yes. Defect and delay questions are ultimately proved by evidence from within the relevant discipline, and we coordinate with architects, engineers and quantity surveyors as the matter requires. Identifying early which technical question actually decides the case tends to reduce the amount of expert work needed rather than increase it.
We are on opposite sides of a project with an existing client of yours. Can you still act?
No. Every matter goes through a conflict check before anything is discussed in substance, and if we cannot act we say so immediately and without having taken your confidential information. That is also why we ask you to identify the parties and the project at the very first contact.
What should I send with a first enquiry?
Identify the parties, the project, the present stage and any deadline. Beyond that, the contract with its specification and drawings, the permits, the programme, the payment applications and certificates, the site records and a short chronology, together with any photographs and any expert report already obtained. That is normally enough for a first view.
Who leads this work
Between them the partners bring more than 40 years of practice in Cyprus. Every matter is run by one of them.
Andreas Kleanthous
Partner
Litigation, personal injury and insurance claims, debt recovery, administrative law, real estate, wills and probate.
Klitos Platis
Partner
Litigation, corporate and commercial matters, property and construction, including pleadings, interim applications and trial preparation.
Written on this subject
All our writing is on the writing index. Related: Litigation & Arbitration and Trusts, Wills & Succession.
Before instructing, identify the parties, the project, the present stage of the matter and any court, contractual or completion deadline.