Real estate law for those who build, from development to handing over the keys

PRACTICE AREAS

In construction, legal work affects profit: a tight contract avoids disputes, and a well-built technical defense avoids judgments against you. We work on both ends.

Contracts and structuring

Defense of the construction company

Collection, repossession and contract termination

Construction and workplace safety

• Purchase and sale, promise, swap and development

• SPE per project and segregated assets

• Legal due diligence on the land and the sellers

• Review of the company's contract templates

• Construction defect lawsuits, with expert support

• Lawsuits over delayed delivery of the project

• Consumer claims and Procon complaints

• Liability for outsourced workers and subcontractors

• Collection from defaulting buyers

• Termination with repossession of the unit

• Contract cancellations within the limits of the law

• Regularization of developments, registrations and adverse possession

• Construction contracts with labor protection

• Safety documentation: training, PPE and records

• Defense in labor claims and workplace accidents

• Review of launch advertising materials (Consumer Code)

Builders work on schedules. Legal work needs to keep up.

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You present the issue

We review risks and options

You receive the plan and the proposal

By WhatsApp or online meeting, with the relevant documents: contracts, summonses, reports, notices or the project's memorial.

We assess the legal scenario and the impact on cash flow and schedule: the company's exposure, chances of settlement and defense or collection alternatives.

Recommended strategy and a written fee proposal, in the right format: one-off matter, success fee on collections or a monthly retainer for the company's legal needs.

Founding attorney · Master's candidate in Law

The firm is led by attorney Sidnei Pedro Dias, with more than ten years of practice and experience serving builders and developers in several states, in matters ranging from the purchase and sale contract to defense in construction defect and construction labor lawsuits.

OAB/GO 48.603 · OAB/DF 68.207 · OAB/SP 501.693

Headquartered in Anápolis-GO with fully digital service, SPD Advocacia handles cases throughout Brazil, including in the higher courts (STJ and STF). The team follows every step, from day-to-day questions to oral argument in court.

Sidnei Pedro Dias Sociedade Individual de Advocacia · registered with OAB/GO under no. 3,123

Common examples, described in general terms. Each case depends on its own facts and documents.

Construction defect

Defaulting buyer

Construction defect lawsuits are won or lost on technical evidence: reports, contractual warranties, legal deadlines and the distinction between defect, natural wear and misuse. A defense prepared from the summons, with expert support, changes the outcome.

Late installments erode the project's cash flow. Structured collection, from the notice to termination with repossession of the unit or enforcement, recovers the money and allows the unit to be resold, always within the limits of the contract and the law.

Cancellation requested

Accident at the construction site

The Cancellation Law (Law 13.786/2018) sets retention limits and different rules depending on the project's regime. Handling the cancellation within these parameters, with a well-drafted agreement, prevents the refund from becoming a lawsuit with monetary adjustment and court costs.

Workplace accident lawsuits in construction usually involve high-value claims and are largely decided by safety documentation: training, PPE delivery, supervision and site records. A well-prepared technical defense and the right document routine make a difference.

Do you serve only builders or other real estate operations too?

Our focus is corporate service for builders, developers and land subdividers, but we also handle significant real estate operations for investors and families, such as acquisitions, swaps, regularization and adverse possession.

The project and the lawsuits are in another state. Is that a problem?

Not at all. Service is fully digital and the firm handles cases throughout Brazil, with the responsible attorney admitted to the Bar in Goiás, the Federal District and São Paulo and practicing before the higher courts in Brasília.

How does the defense in construction defect lawsuits work?

It starts with a technical review: contracts, descriptive memorial, warranties, reports and the property's maintenance history. From there we set the strategy, including a technical assistant for the expert examination and a frank assessment of whether to defend fully or negotiate, according to the risk of each case.

Is there a monthly retainer for construction companies?

Yes. For companies with recurring needs, the monthly retainer covers review of contracts and drafts, day-to-day questions, notices and monitoring of the case portfolio, with periodic reports for management. Terms come in a written proposal.

How are fees charged?

It depends on the matter: one-off work has a fixed fee; collection from defaulters may combine a fixed fee with a success percentage on what is recovered; court defenses and monthly advice have their own terms. In all cases, the proposal comes in writing before any engagement.

Tell us about the situation on WhatsApp. The team replies with an initial review, the possible paths and a written proposal, at the pace the project requires.

If you prefer, write to dias@spd.adv.br

Informational content, in line with OAB rules (Provision 205/2021). Each case needs its own analysis, and we do not promise results. Sidnei Pedro Dias Sociedade Individual de Advocacia · OAB/GO 3,123 · CNPJ 32.614.440/0001-25