Infrastructure / Construction investments
We advise on all key issues for entities engaging in infrastructure or construction investments, whether as ordering parties and contractors, contract engineers, architects, designers, subcontractors or technical and business consultants. We are experienced with investments from the perspective of law, engineering and construction practise, which enables us to effectively manage contractual risks and relations with other entities while executing complex and large-scale infrastructure investments.
We provide comprehensive support when developing and negotiating construction contracts, performing infrastructure projects, at the pre-court stage and during litigation before courts or arbitral tribunals.
We advise and represent companies at all stages of planning, executing and operating investments. We cooperate with all participants engaged in the construction and investment, including investors, developers, general contractors, subcontractors, designers, contract engineers, suppliers, service providers and other entities.
How can we help?
Construction contracts
- developing construction-specific contracts (for example Build, Design and Build contracts, EPC, EPCM, contracts based on FIDIC, consortium agreements, agreements on architectural and design works, subcontracting agreements, development of full contract documentation);
- reviewing and amending contracts, representing clients during contractual negotiations related to the investment;
- developing tender terms and conditions, offering support in preparing or reviewing offers in tenders;
- consulting and representing clients during procurement proceedings in accordance with public procurement law;
- developing financing agreements, loan agreements, surety agreements, guarantees and other collateral agreements;
- reviewing the proper organisation of SPVs created to complete specific projects.
Investments
- consulting and representing clients during all administrative and court proceedings connected with investments and spatial development;
- obtaining consents for investment location (WZ, spatial development plan decisions),
- advising on environmental assessments (inc. environmental impact assessments) and obtaining necessary environmental permits/decisions;
- assisting to obtain construction permits, occupancy permits and other necessary permits/decisions;
- assessing the terms and conditions of investment -related administrative decisions;
- assessing compliance with construction law, real property management law and other regulations governing investments.
Ad hoc consulting
- identifying legal risks connected with the investment and prevention strategies;
- consulting and representing clients in their relations with other parties;
- formal contract correspondence;
- consulting on changing the legal form of a contractor, inc. following the insolvency of a consortium member;
- preparing specialised legal opinions and analyses.
Claims and disputes
- advising on issuing claims arising from investment-related contracts (inc. claims to extend deadlines for completing works or achieving contractual milestones; claims concerning the payment of costs for additional work and replacement work; claims , concerning changed prices and production costs during a construction investment; claims concerning the calculation and payment of contractual penalties etc.);
- consulting and representing clients at the pre-litigation stage of a dispute;
- consulting and representing clients during litigation before courts or arbitral tribunals, both domestic and international.
Experience
Below are merely a few examples of our vast experience in this practise area:
Projects
Representing a leading architecture office during the conclusion of 10-year, multi-million agreement for architectural and design works, concluded with one of Belgium’s largest construction companies. It concerned an investment complex in the new centre of Łódź, totalling 9 buildings with a usable space of 100,000 sq.m. The project’s value was approx. PLN 2 billion.
Advising and negotiating contracts for the construction of one of Poland’s largest power plants. The project’s value was approx. PLN 1.4 billion.
Advising an international power corporation on the development of tender documentation, including complex construction work agreements, concerning power and heating projects executed within the framework of public procurement law or co-financed by the European Union.
Representing a leading architecture office in negotiations with an Austrian construction corporation with respect to a Design and Build contract for the Józef Piłsudski Museum in Sulejówek.
Representing a leading architecture office in negotiations for a multi-million design works agreement, concluded with the largest Polish develop. It concerned the construction of a residential and service complex with parking infrastructure in Warsaw.
Negotiating and drafting a number of construction contracts and construction management contracts in connection with a 42 MW windfarm investment. The project’s value was approx. PLN 200 million.
Advising the largest Polish mining ad power group during litigation valued at over PLN 10 million. The dispute concerned the failure of devices in boreholes and the other party was an insurance company.
Representing a global construction company at the pre-court stage and during arbitration proceedings against a consortium member. The claim concerned a public procurement contract for a highway. The contract value was approx. PLN 300 million.
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