CMS Advises Warbud S.A. on a PPP Project Carried Out in the Education Sector

CMS advised Warbud S.A. – one of the largest construction companies in connection with an investment project concerning the reconstruction and expansion of a Secondary School in Piastów, carried out in the public-private partnership formula. This is the first project of such a scale in the education sector in Poland. As part of the investment project, Warbud will build a new school building along with a library and a gym as well as a sports field. Moreover, the existing school building will be renovated. This project is a key investment of the local government in Piastów due to the fact that the school buildings were not modernised for 80 years.

Under the facilities agreement that was signed yesterday, the Warbud SPV is to obtain funding from Bank Gospodarstwa Krajowego, whose commitment letter constituted an element of the bid submitted to the Municipality of Piastów. This is a pioneer project in the education sector and may be an incentive for other Polish municipalities that are considering carrying out similar public-private partnership projects. 

“The information on concluding this agreement is very positive news for the PPP market. I am happy that we could assist Warbud both in the process of negotiating the facility agreement as well as at an earlier stage i.e. before concluding the PPP agreement” – says Marcin Bejm, Head of the Infrastructure and Project Finance Team at CMS.

In this project CMS – as the legal adviser of Warbud S.A. – performed an analysis of the tender documentation, prepared a number of draft agreements concerning the investment project and provided assistance in matters related to the conclusion of the facility agreement. 

Comprehensive legal assistance in the investment process was provided by the team led by Marcin Bejm – Partner and Head of the Infrastructure and Project Finance Team composed of: Michał Mężykowski – Partner and Head of the Banking and Finance Team, Marcin Oszczak – counsel, Krzysztof Mrozik – senior associate and Piotr Gałązka – lawyer.