Real Estate & Construction

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Real Estate & Construction

Tian Yuan has been one of China's leading law firms in the field of real estate business transactions. We assist clients in designing legally safe, procedurally efficient, and tax-saving real estate investment plans, and represent developers, project owners, or general contractors in handling complicated legal issues or arrangements in their major real estate projects. Our services in this area include:

  • Real estate investment project planning and legal structuring

  • Real estate project legal due diligence investigation

  • Project company establishment

  • Project tendering

  • Real estate construction project management

  • Land use right acquisition process; compensation arrangement for house or building demolition and resident relocation

  • Land use right granting and mortgaging and leasing

  • Real estate presale contracting, sales contracting, and lease agreement and mortgage contracting arrangements

  • Real estate property management

  • Real estate project or asset acquisition

  • Real estate project financing and trust arrangement

  • Legal arrangements for real estate-involved M&A or debt settlement

  • Real estate-related tax planning

  • Property conveyance and title filing

  • Dispute resolution or settlement relating to real estate development or operation

Representative Matters

  • Tian Yuan served as the issuer lawyer for Sinochem Group's subsidiary Franshion Properties (China) Ltd. and provided legal services for its overseas stock issuance.

  • Tian Yuan provided legal services for Chunguang Land Real Estate Development Company's trust debt restructuring; (2012)

  • Tian Yuan provided legal services to China Sinotrans Ltd. for the acquisition of 170 acres of land for their Cuntan Port, Chongqing project; (2007)

  • Tian Yuan provided legal services for China Resources Group Co., Ltd’s subsidiaries;

  • Tian Yuan provided legal services to Beijing Rongda Investment Co., Ltd.‘s backdoor listing of Bluestar Petrochemical (stock code 000838) for the matters relating to the listed company which Bluestar Petrochemical's main business turned into real estate industry; (2006)

Bidding and Contracting

Tian Yuan is one of China's major law firms providing legal services in the fields of engineering, project bidding, and contracting. Tian Yuan provides comprehensive and effective legal services pursuant to all kinds of domestic and foreign projects, including project plans, bidding, creating the project company, detailing the chains of supply, turnkey contracting, project construction, and operation and licensing. The legal services in the area of financing that Tian Yuan also provides, include project-related export credit, international syndicated loans, and similar services. The legal business that Tian Yuan provides in regards to tender, bidding, and project contracting serves project owners, project companies, contractors, commercial banks, and government institutions in China and abroad; the projects that Tian Yuan lawyers have participated in include the Beijing 2008 Olympic Games main stadium and other Olympic infrastructure projects, the construction of iron and steel companies, all types of office buildings, apartments, villas, golf courses, hotels, and urban renewal projects. Tian Yuan lawyers are familiar with international engineering contract conditions, such as FIDIC. Our services are designed to help clients understand and avoid legal risks relating to the projects, and to solve legal issues regarding business and contracts so as to achieve clients' business objectives.

In the field of engineering projects, Tian Yuan Lawyers provide legal support to Chinese and foreign clients in the following areas:

  • Assisting clients in preparing the project plan and setting up the project company, as well as organizing and arranging project procurement;

  • Investment and project funding arrangements, including loans from financial institutions;

  • Providing legal advices on the legal structure, project facilities management, guarantee, financing and debt arrangements for the project and other related issues;

  • Drafting legal documents for the engineering project, including contract, subcontract, equipment and materials supply contract and design - procurement - construction (EPC) contract;

  • Participating in project negotiations;

  • Allocation, assignment or transfer of state-owned lands' use right;

  • Engineering project bidding, including the Instructions to Bidders, Request for proposal, pre-qualification, tender form, bid documents response, and award of contract and bidding appeal;

  • Government procurement;

  • Abidance by project-related planning, zoning, environmental protection, and building specification requirements;

  • Project consortium and joint venture arrangements, such as construction and development consortium;

  • Land acquisition and demolition compensation arrangements;

  • Acquisitions of projects under construction, the project company, or project sponsors;

  • Project guarantee, financing and trusts arrangements;

  • Project payment, delays, changes, and contract claims; project tardiness and engineering project acceleration, arbitration, and litigation of engineering projects disputes, and other dispute settlement arrangements.

Primary Contacts

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