Infrastructure

We advise all entities involved in investment projects, from contracting authorities and contractors to contract engineers, architects, designers, subcontractors and technical or business advisors.

Our experience with infrastructure investments includes both knowledge about the many legal issues affecting them and the various engineering and construction issues they involve. This allows us to effectively manage contractual risks and relations with the various entities involved in implementing complex, high-volume infrastructure investments.

We help to draft and negotiate construction contracts, to implement infrastructure projects and, in the event of disputes, during the pre-litigation stage and in any court or arbitration proceedings.

How can we help?

Construction contracts

Preparing and negotiating construction industry contracts (e.g. Build, Design and Build, EPC, EPCM contracts, contracts based on FIDIC conditions, consortium agreements, architectural and design contracts, subcontracts);
Evaluating and adapting provisions in existing contracts;
Negotiating contracts used during investments;
Preparing tender conditions and helping to draft or review tender bids;
Advising and representing clients in procurement procedures conducted pursuant to the Public Procurement Law;
Preparing financing agreements, loan agreements, surety agreements, guarantees and other collateral;
Assessing the organisational forms of special purpose entities used in project implementation.

Investment process

Advising and representing clients in administrative and administrative court proceedings related to investments and spatial development;
Helping to obtaining approvals to locate an investment (WZZ decision, MPZP);
Advising on environmental issues, including environmental impact assessments and environmental decisions;
Helping to obtain planning permission, occupancy and other decisions;
Assessing any conditions and restrictions within applicable administrative decisions;
Assessing compliance with the Construction Law, Real Estate Management Act and other applicable regulations.

Day-to-day advice

Identifying legal risks which may affect the investment and ways to prevent them;
Advising and representing clients in dealings with contractual counterparties or with the contract engineer;
Handling formal contractual correspondence;
Advising on changes of a contractor which result, inter alia, from the bankruptcy of a consortium member;
Preparing specialised legal opinions and analyses.

Claims and disputes

Helping to formulate claims concerning project implementation (inc. claims to extend the time required to complete the works or achieve a milestone, claims related to settling the costs of accelerating or extending works, claims related to settling additional and replacement works, claims related to changing prices and production costs when implementing the construction project, calculation, measurement and settlement of contractual penalties);
Advising and representing clients in pre-court dispute resolution methods;
Advising and representing clients before the dispute settlement commission;
Advising and representing clients in court and arbitration proceedings, whether Polish or international.

Selected projects

Advising a leading architectural firm on concluding a 10-year, multimillion-dollar architectural and design contract with one Belgium’s largest construction companies, for an investment complex in the New Center of Lodz, involving a total of 9 buildings with a usable area of 100,000 m². Project value: approximately PLN 2 billion
Advising one of Poland’s largest combined heat and power plants on various legal and project implementation issues. Project value: PLN 1.4 billion
Helping an international energy company to develop tender documentation, including contracts for construction works, to implement power and heat projects carried out as public procurement projects or with European Funds co-financing
Representing a leading architectural firm in negotiations with an Austrian construction company regarding a Design and Build contract to construct the Józef Piłsudski Museum in Sulejówek
Representing a leading architectural firm in negotiating a multimillion-dollar design contract with Poland’s largest developer to construct a residential and commercial complex with parking infrastructure in Warsaw
Reviewing and drafting numerous construction contracts and providing construction management services in connection with a 42 MW wind farm investment. Project value: PLN 200 mln
Advising and representing Poland’s largest mining and energy group on multimillion-dollar litigation against an insurer in connection with equipment failures in drilling wells
Representing a global construction company at the pre-trial stage and in arbitration proceedings in a dispute against a consortium member regarding the implementation of a public contract to construct an expressway in Poland. Contract value: over PLN 294 mln

Awards

Chambers and Partners Europe 2024 recommends SSW in eight categories: Banking and Finance (Band 5), Capital Markets: Debt (Band 3), Capital Markets: Equity (Band 4), M&A (Band 2), Energy & Natural Resources (Band 2), Environment (Band 4), Projects & Infrastructure (Band 3) and Tax (Band 2).
Chambers and Partners Europe 2023 recommended SSW in eight categories: Banking & Finance (Band 5), Capital markets: Debt (Band 3), Capital markets: Equity (Band 4), Corporate/M&A Mid-Market (Band 2), Energy & Natural Resources (Band 2), Environment (Band 4), Projects & Infrastructure (Band 3), Tax (Band 2).
Legal 500 EMEA 2023 recommended SSW in 16 categories: Banking and Finance (Tier 3), Capital Markets (Tier 2), Commercial, Corporate and M&A (Tier 3),Construction (Tier 2), Data Privacy and Data Protection (Tier 3), Dispute Resolution (Tier 3), Energy and Natural Resources (Tier 2), Intellectual Property (Firms to Watch), Investment Funds (Tier 2), Private Client (Tier 1), Private Equity (Tier 2), Public Procurement (Tier 3), Real Estate (Tier 3), Restructuring and Insolvency (Tier 3), Tax (Tier 3), TMT (Firms to Watch).
IFLR1000 EMEA 2023 recommended SSW in seven categories: Banking (Tier 3), Capital Markets: Debt (Tier 3), Capital Markets: Equity (Tier 3), M&A (Tier 3), Project Development: Power (Tier 3), Project Development: Infrastructure (Tier 2), Project Finance (Tier 4).
Chambers and Partners Europe 2022 recommended SSW in five categories: Capital Markets: Equity (Band 4), Corporate/M&A (Band 2), Energy and Natural Resources (Band 2), Projects and Infrastructure (Band 3), Tax (Band 3).
Legal 500 EMEA 2022 recommended SSW in 15 categories: Banking and Finance (Tier 4), Capital Markets (Tier 3), Commercial, Corporate and M&A (Tier 4),Construction (Tier 3), Data Privacy and Data Protection (Tier 3), Dispute Resolution (Tier 4), Energy and Natural Resources (Tier 2), Intellectual Property (Firms to Watch), Investment Funds (Tier 2), Private Client (Tier 1), Private Equity (Tier 3), Real Estate (Tier 3), Restructuring and Insolvency (Tier 3), Tax (Tier 3), TMT (Firms to Watch).
IFLR1000 EMEA 2022 recommended SSW in seven categories: Banking (Tier 4), Capital Markets: Debt (Tier 3), Capital Markets: Equity (Tier 3), M&A (Tier 3), Project Development: Power (Tier 3), Project Development: Infrastructure (Tier 3), Project Finance (Tier 4).
Legal 500 EMEA 2021 recommended SSW in 13 categories: Banking and Finance (Tier 4), Capital Markets (Tier 3), Commercial, Corporate and M&A (Tier 4), Construction (Tier 3), Data Privacy and Data Protection (Tier 3), Dispute Resolution (Tier 4), Energy and Natural Resources (Tier 2), Investment Funds (Tier 2), Private Client (Tier 1), Private Equity (Tier 3), Real Estate (Tier 3), Restructuring and Insolvency (Tier 3), Tax (Tier 3).
IFLR1000 EMEA 2021 recommended SSW in seven categories: Banking (Tier 4), Capital Markets: Debt (Tier 2), Capital Markets: Equity (Tier 3), M&A (Tier 3), Project Development: Power (Tier 3), Project Development: Infrastructure (Tier 3), Project Finance (Tier 4).
Legal 500 EMEA 2020 recommended SSW in 13 categories: Banking and Finance (Tier 5), Capital Markets (Tier 3), Commercial, Corporate and M&A (Tier 4), Construction (Tier 3), Data Privacy and Data Protection (Tier 3), Dispute Resolution (Tier 4), Energy and Natural Resources (Tier 3), Investment Funds (Tier 3), Private Client (Tier 2), Private Equity (Tier 4), Real Estate (Tier 3), Restructuring and Insolvency (Tier 3), Tax (Tier 3).
IFLR1000 EMEA 2020 recommended SSW in seven categories: Banking (Tier 4), Capital Markets: Debt (Tier 2), Capital Markets: Equity (Tier 3), M&A (Tier 3), Project Development: Power (Tier 3), Project Development: Infrastructure (Tier 3), Project Finance (Tier 4).
IFLR1000 EMEA 2019 recommended SSW in seven categories: Banking (Tier 4), Capital Markets: Debt (Tier 3), Capital Markets: Equity (Tier 3), M&A (Tier 4), Project Development: Power (Tier 3), Project Development: Infrastructure (Tier 3), Project Finance (Tier 4).
IFLR1000 EMEA 2018 recommended SSW in six categories: Banking (Other Notable), Capital Markets: Debt (Other Notable), Capital Markets: Equity (Tier 3), Project Development: Power (Tier 3), Project Development: Infrastructure (Tier 3), Project Finance (Tier 4).
IFLR1000 EMEA 2017 recommended SSW in six categories: Banking (Other Notable), Capital Markets: Debt (Other Notable), Capital Markets: Equity (Tier 3), Project Development: Power (Tier 3), Project Development: Infrastructure (Tier 3), Project Finance (Tier 4).
IFLR1000 EMEA 2016 recommended SSW in five categories: Banking (Other Notable), Capital Markets: Debt (Other Notable), Project Development: Power (Tier 3), Project Development: Infrastructure (Tier 3), Project Finance (Tier 4).

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Our experts

Hubert Wysoczański, PhD Partner

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