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Infrastructure & Projects

Portugal

The area of Projects and Infrastructures of CMS Rui Pena & Arnaut has a wide experience in PP/PFI, project finance and outsourcing, to intervene in a variety of transactions related with infrastructures (e.g. motorways, bridges, hydroelectric dams), with energy (oil, renewable energy and gas), with residues and with health sector.

These kinds of projects are usually rather complex and entail the participation of expertise teams, involving the areas of public law, public procurement, bank and financial law, corporate and tax law.

The team devoted to the sector of Projects and infrastructures provides legal services related with the design, construction, funding, operation and maintenance of infrastructures and project finance, including, among others:

  • Agreements for works under contract and concession contracts
  • EPC Agreements
  • Public-Private Partnerships (PPP)
  • Legal assistance and representation in contractual negotiations
  • Tender processes and award of contracts
  • Legal representation in the revision of proceedings of award of contracts
  • Consortium agreements

Our clients benefit from a wide experience developed within the CMS network covering all Europe, extended also to Africa, Asia and Americas.

We work closely with promoters and financial providers as well as with the public sector, what gives us the possibility of providing a realistic, practical, commercial advice and, above all, an advice grounded in the expertise acquired through the participation in previous projects with similar issues to be dealt with.

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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.
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.
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.
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.
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.
26/07/2019
EU tax­onomy: Steer­ing cap­it­al flows to­wards a sus­tain­able fu­ture for...
Last month a group of ex­perts rep­res­ent­ing a range of European fin­an­cial ser­vices sec­tors, in­ter­na­tion­al or­gan­isa­tions and civil so­ci­ety pub­lished their re­com­mend­a­tions for an EU tax­onomy for sus­tain­able eco­nom­ic activ­it­ies.
19/07/2019
Po­s­eidon Prin­ciples and re­spons­ible ship fin­an­cing
On 18th June 2019, 11 banks with col­lect­ively over $100bn in as­sets and rep­res­ent­ing nearly 20% of the glob­al ship fin­ance signed a glob­al frame­work agree­ment, called the Po­s­eidon Prin­ciples. These are dir­ec­ted to­wards meet­ing the Par­is Agree­ment’s tar­get of.
24/05/2019
FID­IC claims no­ti­fic­a­tion pro­vi­sions: Hong Kong High Court guid­ance
A re­cent de­cision of the Hong Kong High Court has con­sidered the ef­fect of claims no­ti­fic­a­tion pro­vi­sions which re­quire a con­tract­or to state the con­trac­tu­al basis of a claim. Such a re­quire­ment now forms part of the stand­ard FID­IC claims no­ti­fic­a­tion pro­ced­ure.
16/04/2019
The new EU frame­work for screen­ing for­eign in­vest­ment is now in force
On 10 April 2019, the EU frame­work for screen­ing for­eign dir­ect in­vest­ment (FDI) came in­to force, al­low­ing the European Com­mis­sion and Mem­ber States un­til 11 Oc­to­ber 2020 to put in place mech­an­isms and re­sources to com­ply.
14/03/2019
Ship­ping and car­bon: EU and IMO sys­tems to align
On 4 Feb­ru­ary 2019 the European Com­mis­sion (EC) tabled a pro­pos­al con­cern­ing the amend­ment of Reg­u­la­tion (EU) 2015/757 on the mon­it­or­ing, re­port­ing and veri­fic­a­tion of car­bon di­ox­ide emis­sions from mari­time trans­port (the “EU MRV Reg­u­la­tion”).
13/03/2019
Con­nec­ted Fu­ture - En­ergy Stor­age
It is re­cog­nised that flex­ib­il­ity in the elec­tri­city sys­tem will be­come in­creas­ingly valu­able in the com­ing years as the wider en­ergy trans­ition, in­clud­ing the great­er pen­et­ra­tion of in­ter­mit­tent, dis­trib­uted gen­er­a­tion and more pro­act­ive con­sumers, across.
27/02/2019
Elec­tric Vehicles: in­fra­struc­ture for our con­nec­ted fu­ture
The up­take of elec­tric vehicles (EVs) has soared in re­cent years (al­beit from a very low base), with jur­is­dic­tions such as Nor­way and The Neth­er­lands cur­rently lead­ing the pack. However, in or­der for a coun­try to be­come a glob­al EV lead­er, it is vi­tal to con­sider.