Infrastructure Projects

They encompass all areas essential to the functioning of society and the state. The projects we handle - in terms of their preparation, financing, implementation, and operation - include, for example:

• roads and highways
• airports
• power grids
• gas networks
• conventional power plants and renewable energy sources, energy storage facilities
• telecommunications networks
• waste treatment facilities
• waste-to-energy plants
• water supply networks
• rail lines
• logistics centers
• data centers
• port terminals

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We work with entities that require knowledge of the law and an understanding of complex technical and location-specific conditions.

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We support:

• construction companies, technology providers,
• manufacturers, importers, and distributors of construction products, suppliers of machinery and equipment, and technology providers,
• infrastructure project designers,
• infrastructure project investors,
• energy producers
• energy, water, and telecommunications companies,
• operators of infrastructure facilities and installations,
• banks, credit institutions, and financial institutions
• owners and other entities affected by the implementation of infrastructure projects.

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Our understanding of the market, knowledge of specific regulatory and legal requirements, and experience in disputes representing various participants in infrastructure projects allow us to provide advice that takes multiple perspectives into account.

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Our Approach

Our interdisciplinary team combines experience and in-depth knowledge of the specifics of infrastructure projects with regulatory expertise and competencies in transactions, litigation, taxation, state aid, public procurement, intellectual and industrial property, and project financing, covering:

• real estate law and legal status regulations,
• contract law
• construction law
• environmental law
• waste management
• energy law
• state aid
• public procurement
• local government law
• PPP (public-private partnership)
• administrative procedures
• eco-terrorism and competition law
• banking and finance
• FIDIC and non-FIDIC contracts, including EPC

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This enables us to support our clients at every stage of the preparation and implementation of infrastructure projects.

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Project documentation – financing – contractor selection – implementation,

including in the event of disputes at any of these stages.

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We provide solutions that are precise, practical, and implementable - we understand regulations and the realities of business.

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How can we help?

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Investment Planning and Financing

We provide comprehensive advice on investment preparation:

• negotiating and concluding contracts for design work, construction work, design-build contracts, BOT (build-operate-transfer), concession agreements, general contractor agreements, and construction supervision—whether concluded between private entities or through public procurement procedures, such as competitive dialogue or negotiated procedures with prior publication, in accordance with FIDIC and non-FIDIC models
• regulating access to and the legal status of real estate
• obtaining permits and representing clients in administrative, court, and administrative court proceedings
• negotiating loan agreements and security arrangements

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Project Implementation

We support participants in the construction process in all aspects related to:

• contract performance and ongoing disputes, e.g., regarding non-performance or improper performance of a contract, defects, acceptance of the facility, refusal to accept, etc.
• access to real estate
• resolving conflicts with other infrastructure elements
• eco-terrorism and obstruction of projects

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Transactions Involving Infrastructure Projects

We provide comprehensive support to infrastructure project investors (sell-side/buy-side) and financial institutions, including in regulatory-sensitive transactions:

• regulatory, investment, and financial due diligence (bankability)
• mergers, acquisitions, joint ventures, co-investments, and spin-offs
• accompanying DSA and O&M agreements
• merger control (antitrust) and FDI approvals
• impact of audits on permits and registrations - optimization of transaction structures
• comprehensive tax support (transaction advisory/representation before authorities and courts)

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White-collar crime, compliance, and cybersecurity in infrastructure projects

• we develop and implement compliance programs
• we conduct internal investigations
• we advise on compliance with national regulations, the FCPA, and the UK Bribery Act
• NIS2 cybersecurity

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Disputes and Litigation

We represent clients before administrative authorities, general courts, and administrative courts in:

• administrative and regulatory disputes
• disputes concerning access to real estate and the blocking of investments, including by environmental organizations
• proceedings to obtain necessary decisions, permits, and concessions
• disputes concerning the proper performance of contracts for the preparation and implementation of infrastructure projects
• disputes concerning connections to power grids
• disputes concerning concessions and breaches of concession terms
• cases involving unfair competition and monopolistic practices
• disputes concerning the imposition of administrative fines
• in domestic and international arbitration

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Public Affairs and Legislation

We assist in the legislative process:

• we monitor regulations
• prepare position papers and opinions
• represent clients in consultations and develop industry standards

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