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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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15 May 2018
An­gola - Blocks 20/11 and 21/09 sale
An­gola Up­date
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...
29/1/2018
An­gola: Cre­ation of the multi­sect­ori­al com­mis­sion for the reg­u­lat­ory frame­work...
Pres­id­en­tial Or­der No. 3/18 of Janu­ary 12nd
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...
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...
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...
16 April 2020
Net­work re­si­li­ence and tele­com­mu­nic­a­tions as es­sen­tial ser­vice dur­ing Coronavir­us...
The way we be­have, act and in­ter­act with the world has been rad­ic­ally changed due to the im­pact of Coronavir­us (COV­ID-19). So­cial dis­tan­cing and strict in­struc­tions to “stay at home” have thrust the...
30 March 2020
EU Com­mis­sion calls for closer scru­tiny of for­eign dir­ect in­vest­ment
Non-EU in­vestors may be con­fron­ted with more ri­gid clear­ance pro­cesses when at­tempt­ing to ac­quire EU com­pan­ies as a res­ult of an un­pre­ced­en­ted call for ac­tion by the European Com­mis­sion. In a policy pa­per...
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...
11 October 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...