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Infrastructure & Projects

Germany

One of Germany’s leading providers of legal advice on infrastructure projects

Complexity and diversity are key features of infrastructure projects and their financing. CMS Germany offers you legal advice that delivers efficient support for complex construction and development projects by applying innovative practical solutions.

With more than 80 lawyers, our Infrastructure and Projects sector group is among the largest of its kind in Germany. As such, we have in-depth knowledge of all aspects of infrastructure projects and their financing.

We combine size with experience and specialist knowledge

Our sector group offers scale combined with the high-quality legal advice that is typical of CMS. All the lawyers have wide-ranging knowledge of the infrastructure field, backed by many years' experience in the development and financing of large-scale projects.

From solar park to airport – we have the legal expertise

Our expertise covers the financing of infrastructure projects in all relevant areas:

  • Energy (in particular solar and wind power plants)
  • Transport (in particular motorways, roads, ports, shipping, railways and airports)
  • Other sectors (especially industrial plants and construction)

Our national and international client base includes project developers, financial institutions and investors, the public sector, construction companies and infrastructure users. We advise them on all aspects of preparing, structuring, financing and implementing infrastructure projects.

Lawyers from multiple practice areas advise on your infrastructure project

You will be assisted by a legal team that brings together expertise covering all the relevant areas of law: public procurement, construction, real estate, public law, banking and finance, as well as bank regulation law. Lawyers from other areas, such as employment, insurance and tax law, are called in as needed.

Service portfolio

We provide support for:

  • Legal design of projects
  • Structuring, preparation and assistance with invitations to tender and contract award
  • Reviewing and negotiating all relevant project contracts and assessing legal risks
  • Obtaining official permits and approvals (particularly under the German Federal Building Code (BauGB), German Emission Control Act (BImSchG))
  • Reviewing and negotiating finance and collateral agreements
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    Public Private Partnership

    CMS Germany offers comprehensive legal advice for stakeholders in infrastructure projects implemented jointly by the public sector and private firms as public private partnerships (PPP). Our clients include public-sector agencies on the one hand and private-sector investors/sponsors, banks and financial institutions on the other.

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    June 2019
    CMS In­fra­struc­ture & Pro­jects Glob­al Bro­chure
    17/10/2019
    Delay ana­lys­is un­der the mi­cro­scope: com­mon sense wins out over meth­od­o­logy
    A de­cision of an Aus­trali­an court last month has con­sidered the evid­en­tial re­quire­ments for prov­ing delay claims in con­struc­tion dis­putes. The de­cision com­ments on the rel­ev­ance of the 2nd Edi­tion of the SCL Delay and Dis­rup­tion Pro­tocol and on two pop­u­lar.
    March 2019
    En­ergy Stor­age
    In­fra­struc­ture for our 'Con­nec­ted Fu­ture'
    11/10/2019
    Quantum meruit claims after ter­min­a­tion: a chan­ging of the tide?
    A de­cision of the Hight Court of Aus­tralia earli­er this week has held that resti­tu­tion­ary claims on a quantum meruit (i. e. reas­on­able price) basis by con­tract­ors after the ter­min­a­tion of a con­struc­tion con­tract can only be brought in lim­ited cir­cum­stances and.
    Munir Hassan
    Feb 2019
    Elec­tric vehicles and char­ging in­fra­struc­ture
    In­fra­struc­ture for our ‘Con­nec­ted Fu­ture’
    08/10/2019
    Latest po­s­i­tion on EU tax­onomy reg­u­la­tion re sus­tain­able fin­ance
    On 24 Septem­ber 2019, the EU Coun­cil pub­lished this 'I' Item Note giv­ing its ma­jor­ity ap­prov­al to pro­ceed with the next stage in the le­gis­lat­ive jour­ney of the “Tax­onomy Reg­u­la­tion”, be­ing in­vit­ing ne­go­ti­ations with the European Par­lia­ment.
    Jan 2019
    Di­git­al - In­fra­struc­ture for our 'Con­nec­ted Fu­ture'
    Glob­al in­fra­struc­ture re­port
    03/10/2019
    In­ter­im meas­ures in Main­land Chinese courts in aid of Hong Kong-seated...
    On 1 Oc­to­ber 2019, the Ar­range­ment Con­cern­ing Mu­tu­al As­sist­ance in Court-ordered In­ter­im Meas­ures in Aid of Ar­bit­ral Pro­ceed­ings (the “Ar­range­ment”), con­cluded between China’s Su­preme People’s Court and the Hong Kong De­part­ment of Justice back in April 2019,.
    Nov 2018
    Con­nec­ted Fu­ture
    Glob­al in­fra­struc­ture re­port
    03/10/2019
    Use of Dis­pute Boards: one of FIDIC's five Golden Prin­ciples
    FID­IC has re­cently pub­lished de­tailed guid­ance as to the five “Golden Prin­ciples” first in­cluded with the FID­IC 2017 suite of con­tracts. These prin­ciples seek to identi­fy lim­its to the types of amend­ments that can be made to a FID­IC stand­ard form con­tract if.
    08/05/2018
    Green­field In­vest­ments in CEE 2018
    25/09/2019
    The next step in LIBOR Trans­ition: LMA is­sues Ex­pos­ure Drafts
    “[T]he use of. . . for­ward-look­ing term rates is meant to be lim­ited. These term rates can­not and will not be the primary av­en­ue to trans­ition [and] we think that any firms still delay­ing trans­ition un­til term rates ar­rive are mak­ing a mis­take.