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Infrastructure & Projects

Peru

We are recognized by our vast experience in providing advice to national and foreign investors in public or private infrastructure projects and / or public services related to: ports, roads, airports, public and urban roads, public schools, hospitals, social housing, treatment plants, logistical infrastructure, and public cleaning services, among others; as well as in private investment projects on assets owned by the State under assignment contract schemes, usufruct, and surface land, among others (Projects over Assets).

Our services include:

  • The design, development and execution of Private Initiatives (Non Solicited Proposals), accompanying the client in all the stages of the process.
  • Advising on the participation in bids or tenders of Public Private Partnership (PPPs) projects or in Projects over Assets, accompanying the client in all stages of the process.
  • Advising in the development and execution of PPPs or Projects over Assets.
  • Permanent advice on issues related to projects of public investment and PPS.
  • Advising in the development and execution of Public Works for Tax Deduction.
  • Advice in all types of public procurement matters.
  • Legal opinions related to PPPs, Projects over Assets, and Public Works for Tax Deduction, among others.
  • Advice on M&A transactions related to infrastructure projects and / or related assets.
  • Design of corporate structures for investment and / or participation in PPPs and / or infrastructure projects in general.

We are a dynamic practice that adapts to the changes in the market and to customer needs. We have a team of professionals specialized in different areas of practice that allow us to meet the requirements of each project and provide a comprehensive service in all related matters, such as environmental, tax, financial, corporate, and real estate (property clearance and interference release), among others.

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Noteworthy practice group advising an impressive international clientele on a variety of projects. Assists with PPPs, project structuring and operation, as well as public bidding processes. Has particular strength in infrastructure mandates related to hospitals, roads and mining ventures. Regulatory aspects of transactions are a further area of focus.
Strengths Client suggest that the projects team at CMS Grau is formed of "highly professional and proactive strategists that possess vast knowledge and expertise in this field, in addition to a very client-focused attitude."

Chambers Latin America 2018

The lawyers are very committed to collaborating with clients and have Deep knowledge of the sector. They are always very communicative, available and supportive. Co-head of department Michelle Barclay Thorne comes highly recommended by clients, who state: "She is a very professional and committed lawyer, with a good ability to find diverse options to solve any legal issues quickly.”

Sources enthuse that practice co-head Giancarlo Villafranqui "is a dedicated lawyer with ample experience." They add: "He is very knowledgeable about concessions matters and is very experienced in infrastructure projects."

Associate-to-watch Néstor Shimabukuro is particularly active in infrastructure and transport projects. He has noted experience advising on regulatory matters affecting PPP agreements.

Chambers Latin America 2017

Well-established team assisting clients with a range of projects including port infrastructure, highways and mining. Regularly advises on PPP, public bids and the structuring and implementation of projects for an impressive portfolio of international clients.

Chambers Global 2017

CMS Grau boosted its practice with the hire of former Rodrigo, Elías & Medrano, Abogados senior associate, Ramón Huapaya, as counsel. He is noted for his public law expertise, as is Giancarlo Villafranqui, who heads the team in conjunction with corporate law expert Michelle Barclay. Barclay and Villafranqui are singled out for their ‘great knowledge of their subject matter, timely delivery and client-oriented service’, and have broad sector capability, with particular expertise in public road, port, health and educational infrastructure. Highlights include advising PROINVERSION on the development of the $215m Salaverry Port Terminal project. Associates Úrsula Cedrón, Daniela Camacho and Néstor Shimabukuro are key members of the team.

Legal 500 2017

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22 June 2020
The Lat­in Amer­ic­an Gen­er­al Coun­sel
The first CMS Gen­er­al Coun­sel re­port in the Lat­in Amer­ica re­gion ex­plores the de­vel­op­ment of the GC role and how the world in which GCs work im­pacts them
05 June 2020
Ad­vance pay­ment bonds: “step­ping down” pro­vi­sions and more guid­ance on...
Last month we re­por­ted on a TCC de­cision which con­sidered the re­quire­ments for mak­ing and re­ject­ing a de­mand un­der an ad­vance pay­ment bond sub­ject to the URDG. Very sim­il­ar is­sues have now been con­sidered...
22 June 2020
The Lat­in Amer­ic­an Gen­er­al Coun­sel
The first CMS Gen­er­al Coun­sel re­port in the Lat­in Amer­ica re­gion ex­plores the de­vel­op­ment of the GC role and how the world in which GCs work im­pacts them
07 May 2020
GRESB 2020 – It’s Ques­tion Time!
GRESB has launched its 2020 Real Es­tate As­sess­ment. GRESB is the lead­ing glob­al En­vir­on­ment­al, So­cial and Gov­ernance (ESG) bench­mark for the real es­tate and in­fra­struc­ture in­dus­tries. It is a vol­un­tary...
23 May 2018
Michelle Barclay as "Peru Law­yer of the Year" in the Cham­bers Wo­men in...
May, 10, 2018
07 May 2020
The use of ex­perts in in­ter­na­tion­al con­struc­tion dis­putes: con­flicts of...
A re­cent de­cision of the Tech­no­logy and Con­struc­tion Court ap­pears to be the first re­por­ted Eng­lish de­cision to up­hold a fudi­ciary duty of loy­alty in an ex­pert wit­ness ap­point­ment. The find­ing in this...
05 July 2017
In­fra­struc­ture & Pro­jects
Our mul­tidiscip­lin­ary and cross sec­tor prac­tice area
28 April 2020
In­dir­ect and con­sequen­tial loss ex­clu­sions: Eng­lish law holds the line...
A Tech­no­logy and Con­struc­tion Court de­cision last week has con­sidered a dir­ect at­tack on the tra­di­tion­ally nar­row in­ter­pret­a­tion giv­en by the Eng­lish courts to in­dir­ect and con­sequen­tial loss ex­clu­sion...
22 May 2017
CMS Lat­in Amer­ica - Cor­por­ate/M&A, En­ergy, Min­ing & Pro­jects Bro­chure
27 November 2019
In­vest­ment ar­bit­ra­tion and con­struc­tion con­tracts: jur­is­dic­tion over an­cil­lary...
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 November 2019
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 October 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...