Tomaier legal advokátní kancelář s.r.o.

You know where you stand and where you’re heading. Your strategy has a clear goal. You are demanding. You are focused on results. And you are also realistic enough to know that the expertise provided by a specialist can take you even further. If this is the case, then we are your natural partner. Because clients like you bring out the best in us. Inviting us to work on continuously challenging issues. Issues that force us to find non-traditional and unconventional solutions. Issues that necessitate the critical review of generally accepted procedures and solutions. That attitude underlies everything we think and do.

Legal Services

We are an independent Czech law firm. We focus exclusively on results. We look for legal strategies and solutions that make a genuine contribution to the development of your business. Our independent thinking and creative ideas, as well as our individuality and innovation, represent the difference between a merely qualified service and legal service of distinguished quality. Be demanding. Know the difference.

Even though we specialize in the settlement of legal disputes and arbitrations, real estate and construction, public contracts, restructuring and insolvency and general commercial law, we are more than capable of offering excellent legal services in other fields.

News

FEBRUARY 2014 Jan Tomaier and Matúš Hanuliak have contributed to epravo.cz: „Once more on the Lodging of Retention Money Claims in the Insolvency Proceedings”.

JANUARY 2014 Klára Tomaierová has published an article „New ICC Rules on Mediation".

DECEMBER 2013 We have successfully represented client in a dispute over the settlement of unjust enrichment gained by unlawful drawing of a bank guarantee.

AUGUST 2013 Klára Tomaierová has published second part of the article „Meditation - an effective way of resolving disputes" on www.stavebni-forum.cz.

View all news

Specialization

  • Dispute Resolution and Arbitration >
  • Construction Law/Real Estate >
  • Public Investment >
  • Restructuring and Insolvency >
  • Commercial Law >

Dispute Resolution and Arbitration

Our team has extensive experience in the resolution of commercial disputes, arbitration and mediation, as well as in insolvency and administrative proceedings. Our lawyers regularly represent clients in commercial and civil disputes, in domestic and international commercial arbitration (for example under the arbitration rules of the Arbitration Court at the Economic Chamber of the Czech Republic and the Agrarian Chamber of the Czech Republic, ICC, VIAC and UNCITRAL). Our lawyers have earned a considerable reputation in this area which can be attested to the ranking of Jan Tomaier as among recommended lawyers for dispute resolution (Chambers Global 2010).

Our lawyers contributed to the resolution of following cases:

  • The representation of prominent Czech investors in the energy industry against several multinational companies in ad hoc arbitration proceedings under UNCITRAL, this regarding the breach of a shareholder agreement (the value of the dispute exceeded EUR 800 million);
  • The representation of a subsidiary of an international holding group against a multinational construction company in international commercial arbitration under the Arbitration and Conciliation Rules of the International Arbitral Centre of the Economic Chamber of Austria (the value of the dispute was approx. EUR 31.8 million);
  • The representation of a multinational construction company against a prominent multinational industrial holding in a dispute over compensation for damage exceeding tens of millions EUR;
  • The representation of a multinational construction company in a dispute with a prominent Czech company concerning business cooperation in disposing of environmental burdens of an industrial site in the Czech Republic (the value of the dispute exceeds CZK 170 million);
  • The representation of a prominent Czech insurance institution in proceedings with a foreign bank which required disbursement of bills secured by a letter of guarantee (value of the dispute exceeded CZK 700 million), and in a subsequent dispute over compensation for damage exceeding EUR 24 million (in cooperation with Freshfields, Bruckhaus, Deringer);
  • The representation of a prominent Czech energy company against a respected Czech industrial company in a dispute concerning the construction of the first fluid steam boiler in the Czech Republic (the value of the dispute was EUR 19,5 million);
  • The representation of a professional organization of insurance companies providing motor vehicle liability insurance in a dispute with a person enforcing a claim arising from liability for damage exceeding CZK 125 million;
  • The representation of a client against a leading Czech bank in a dispute over the payment of a claim for compensation for damages exceeding CZK 100 million;
  • The provision of legal advice in a sophisticated dispute over the issue of substitute land lots by the Land Fund of the Czech Republic, with the subsequent enforcement of a claim for damage compensation of several tens of millions CZK;
  • The representation of a prominent Czech gaming company in a dispute with a software supplier for the operation of a gaming business for damage compensation and the issue of unjust enrichment (the value of the dispute represents approx. CZK 53 million);
  • The representation of a prominent multinational insurance company and its policyholder (a leading French removal company) in a dispute over damage compensation;
  • Provision of long-term consultancy for leading importers of reprographic equipment, this in multiple disputes against a collective copyright law administrator for the payment of substitute author’s fees in reprography printing amounting to tens of millions CZK;
  • The representation of the Czech branch of a prominent German company engaged in the production of components for the car industry in a dispute over determining the ownership for its industrial site in the Czech Republic;
  • The representation of a prominent Czech insurance company in disputes over indemnity exceeding several hundreds of millions CZK;
  • The representation of a prominent Czech company engaged in the administration of blocks of claims in several disputes in which the value of the enforced claims exceeded several hundreds of million CZK.
  • The securing of contractual documentation concerning the transfer of an industrial site in Prague, Hloubětín, (the value of the transaction exceeded CZK 60 million);
  • The representation of the purchasers (natural persons) in the acquisition of an above standard family house worth approx. CZK 40 million;
  • The representation of several natural persons in negotiations with the Land Fund of the Czech Republic over the transfer of land, including the settlement of sensitive legal relations with the owner of the neighboring building;
  • The provision of legal advice to a prominent Czech top manager in the acquisition of several lucrative Real Estate properties in Prague;
  • The long-term provision of advice to a prominent Czech company with foreign property interests engaged in the administration of business centers in the Czech Republic;
  • The provision of legal advice to an electrical installation company in the recovery of its claims.

Construction Law/Real Estate

We provide legal advice in all aspects of the process of construction; beginning with the construction plan, the construction work up to completion and the operation of the building (including sale and letting). Our specialization includes:

  • Preparation of contractual documentation (contracts for work between the contractor and investor, sub-contractor contracts, financing contracts, etc.)
  • The settling of potential conflicts during construction, aimed at avoiding disputes and including any subsequent settlement of these contractual relations and the possible settlement of disputes. For our clients we always implement claim management before any court phases and contentious proceedings

We provide legal aid to contractors and investors. Our team also has a wealth of experience in dealing with the integral legal agenda of large construction firms.

Our team also provides clients with advice in all aspects of Real Estate transactions. The main focus of our services are:

  • Consultancy in Real Estate acquisition through direct sale
  • Consultancy in the transfer of an enterprise or business share
  • Development of Real Estate projects, including building permits, performance contracts, purchase and lease agreements
  • The settlement of Real Estate disputes
  • Fully securing contractual documentation for investors, developers, purchasers, seller, lessees or lessors, including specialized contracts with architects, project managers and Real Estate administrators.

We are intensively engaged in:

  • Consultancy during the formation of joint ventures and partnerships between investors for the purpose of implementing one or more investment ventures or developer projects
  • Consultancy during the financing of projects, especially in the form of loans and related securities
  • Legal audits for the purpose of detecting and eliminating risks in Real Estate transactions
  • Representing clients before public authorities in securing all public permits as part of area management, building and related proceedings

In the past our lawyers have provided the following legal consultancy:

  • The provision of complex legal services to the Czech subsidiary of a prominent French construction company operating in building construction and transport infrastructure, and in their business relations, not only in the Czech Republic, but also in Poland and Slovakia;
  • The provision of complex legal advice to the subsidiary of a prominent French construction company specializing in the construction of transport infrastructure;
  • The representation of prominent Czech investors in their acquisition of substitute land lots from the Land Fund of the Czech Republic;
  • The representation of a shareholder in the transfer of shares of a company owning lucrative land lots in Prague (the value of the transaction exceeded CZK 60 million);

Public Investment

In the field of Public Investment we specialize in the following services:

  • Realization (administration) of procurement/concession proceedings
  • Complex structuring of the system for executing public investments or attributing concessions
  • Complex legal support of PPP projects
  • Execution of advancement analysis in the field of public investment, concessions or public support
  • Preparation of documentation for procurement or concession proceedings
  • Final control of contractual documents before the publishing of tender proceedings
  • Objections in contractual proceedings, representation in proceedings with the ÚOHS or courts in the matter of public investment or concessions
  • Consultation on issues of any kind in the field of public investment
  • State aid

In the past our lawyers participated in resolving the following cases:

  • The representation of an important multinational company in an objection proceeding against tender documents concerning the supply of technological parts of important transport infrastructure in Prague
  • The representation of an important multinational company in a dispute for damages caused by the failure to implement important public investments in transport infrastructure in Slovakia, this as a result of the violation of the duties of a sub supplier to provide qualification for the public investment in question
  • Control of offers of an important multinational construction company in procurement proceedings concerning public investments for construction works in the Czech Republic
  • The representation of an important multinational construction company in the administration of objections in procurement proceedings concerning construction of a new complex of buildings of a Czech university

Restructuring and Insolvency

We regularly participate in the resolution of insolvency of companies, including the prevention of insolvency situations. In the field of resolution of insolvency situations we specialize in the following services:

  • The representation of creditors, debtors and insolvency administrators
  • Consultation of company and assets acquisitions during insolvency proceedings
  • Consultation during purchases and sales of claims for debtors in insolvency proceedings
  • Consultation during reorganizations and restructurings of companies
  • Consultation on out of court settlements

In the past our lawyers participated in resolving the following cases:

  • The representation in an insolvency proceeding, solving the bankruptcy of a developer of the biggest outlet center in Central Europe
  • The representation of a Czech subsidiary of a French construction holding in insolvency proceedings initiated on the basis of the misuse of an insolvency petition
  • The representation of an important businessman with a claim brought during the administration of problematic loan claims
  • The representation of an important multinational company in a dispute with bankrupt creditor impugning the validity of the acquisition of industrial premises from the belongings of the bankrupt

Commercial Law

Our team provides clients with complex legal advice in the area of commercial and corporate law:

  • Establishing companies, administration of corporate affairs for companies, liquidation;
  • Increasing and reducing registered capital;
  • Regulating legal conditions of companies, board of directors’ meetings, general meetings;
  • Shareholder agreements
  • Acquisition and divestment of shares, organizational components or assets;
  • Mergers & acquisitions;
  • Legal audits - due diligence;
  • Joint Ventures
  • Shareholder rights;
  • Fulfilling registration and reporting obligations;

Commercial Contractual Law:

  • Creating and continuously updating the client’s standard legal documentation, including creating general business terms and conditions, and contractual samples;
  • The preparation and continuos updating of documentation for the ensurance of conformity with legal requirements;
  • The preparation and training of the employees of our clients in the legal aspects of sales or purchases, in negotiations on behalf of the company, the liability of statutory bodies and standards of due managerial and specialised care;
  • Ensuring that a client meets legal requirements; for example, acquiring a report on relations between related entities, checking fulfilment of obligations to notify market regulators, etc.;
  • Consultation concerning the legal aspects of the client’s business plans.

Where to find us

Tomaier Legal
advokátní kancelář s.r.o.

Classic 7 Business Park
building L, 3. floor
Jankovcova 1037/49
170 00 Praha 7
Czech republic

+420 224 217 777
office@tomaierlegal.cz

Branch Poděbrady

Riegrovo náměstí 178/3,
Poděbrady
Czech republic

+420 224 217 777
office@tomaierlegal.cz

Office

Career

For our young, dynamic and developing team we are looking for:

  • Attorneys-at-Law
  • Associates
  • Students

We expect:

  • Proactive working attitude
  • Professionalism
  • Ability to defend one’s opinion
  • Perfect written and oral command of the English language

We offer:

  • Highly skilled legal practice
  • Excellent foreign and national clientele
  • A young team
  • Possibility of fast professional growth
  • Above standard evaluations according to abilities