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Public-Private Partnerships (PPP)

Montenegro

Co-operation between the public and the private sector in building and running infrastructure facilities or offering public services often takes place within the framework of public private partnerships (PPP). This form of co-operation has considerable advantages and is being ever more used: Not only is the private sector‘s financial power put to use in providing public services, but also their professional expertise.

We offer comprehensive legal advice both to the public sector and to investors/sponsors, banks and other debt capital providers. Our project teams are made up of experts from the following areas: public procurement law, building contract law, public commercial law, corporate law, banking and financing law, tax law, claim management and dispute resolution. The use of experts from many different fields ensures that you always have at hand precisely the legal and tax expertise you need due to the complexities of PPP projects and when you need it.

We offer advice on the conception of projects as well as the preparation and handling of invitations to tender and procurement processes. We will advise and represent you in contractual negotiations, project financing and commissioning subcontractors, and also provide you with support when implementing PPP projects. We are especially experienced in the areas of infrastructure, transport, energy, health care and public buildings.

We consult on PPP projects and construction and service concessions in Austria, in CEE and SEE and wherever your project takes place. Close cooperation between CMS offices in 34 different countries ensures that our lawyers can always draw on international experience to develop tailor-made solutions.

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27 Nov 19
In­vest­ment ar­bit­ra­tion and con­struc­tion con­tracts: jur­is­dic­tion over...
A re­cent IC­SID tribunal has up­held jur­is­dic­tion over a dis­pute con­cern­ing an al­leged set­tle­ment agree­ment arising from con­tract­or claims on a ma­jor in­fra­struc­ture pro­ject in the Re­pub­lic of Mozam­bi­que....
04 Nov 19
In­tro­du­cing the FID­IC Em­er­ald Book
Earli­er this year FID­IC re­leased its new “Em­er­ald Book” – Con­di­tions of Con­tract for Un­der­ground Works. This ad­di­tion to the FID­IC suite seeks to fill a gap amongst stand­ard forms as a spe­cial­ist...
17 Oct 19
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...
11 Oct 19
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...
03 Oct 19
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...
19 Jul 19
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...