Works contracts
Contracting regimes, change orders, measurements, deadlines and acceptance. Details on the dedicated construction contracts page.
Sector advisory · construction
Legal advisory for construction companies: contracts, works, buyers and liability
A construction company answers to the client, the buyer, the government and the worker at the same time. The advisory organizes those fronts before the work turns into litigation.
Straight answer: the legal fronts of a construction company
There are five: works contracts with public or private clients, including change orders and measurements; real estate development and unit sales, under Law 4,591/1964 and the Brazilian Consumer Code, covering delivery deadlines, cancellations and defects; civil liability for the soundness and safety of the work for five years; labor relations, with outsourcing, safety and accidents; and regulatory matters, with permits, embargoes and municipal and environmental infraction notices.
This page is for construction companies, developers, contractors and engineering firms executing residential, commercial and public works in Brazil. We serve companies throughout the State of São Paulo, Brazil, with meetings at our Paulista or Tatuapé offices or by video call, and act before the São Paulo courts (TJSP), the labor courts (TRT-2, TRT-15), the federal court (TRF-3) and administrative bodies.
Work fronts in advisory for construction companies
Development and sales
Development memorandum, purchase agreements, the 180-day tolerance period, cancellations and segregated assets.
Defects and liability
Handling buyer and condominium complaints, expert examinations, settlements and defense in construction defect suits.
Outsourcing and safety
Subcontractor contracts, retention of charges, safety rules and response to workplace accidents, including in the criminal sphere.
Permits and inspections
Building permits, embargoes, infraction notices from the city and environmental agencies, and administrative defense.
Public works
Bids, government contracts, economic and financial rebalancing and sanctions. Details on the public procurement page.
Where risk usually arises
Late delivery
Unrealistic deadlines in sale contracts and the absence of a valid tolerance clause generate compensation and mass cancellations.
Irregular subcontractor
Missing labor documentation shifts liability for wages and accidents to the construction company.
Unanswered defect complaints
Buyers who get no formal reply go to the consumer agency and the courts. A documented technical service flow reduces litigation.
How the advisory works
1. Diagnosis
Map of contracts, works, liabilities and internal procedures.
2. Structuring
Contract templates, change-order flow, after-sales service and third-party control.
3. Litigation
Defense and negotiation in disputes with clients, buyers, condominiums, workers and public authorities.
Record photos and reports of every stage of the work and keep them for at least five years after handover. That archive is the main defense in construction defect suits.
Frequently asked questions from construction companies
Is the 180-day tolerance clause valid?
Yes, when express and clear in the sale contract of a unit under construction. Delays beyond it generate compensation and the buyer's right to terminate.
Is the construction company liable for an accident involving a subcontractor's employee?
It may be subsidiarily or jointly liable, and the site manager may be criminally investigated in serious accidents. Safety supervision and documentation are preventive.
Can the condominium sue the construction company years after handover?
Yes. The warranty for soundness and safety is five years, and the limitation period runs from knowledge of the defect, which extends exposure.
Official references and related pages
Brazilian rules of reference for construction. Application depends on the type of work, the client and the company's structure.
Want to structure your construction company's legal advisory?
Describe the works in progress and the contracts through the secure channel. The screening identifies the priority fronts.