Alternative Infrastructure Funding Policy: Land Value Capture
We provide legal services across various stages of PPP projects, facilitating collaboration between public entities and private businesses. Our services include:
Legal Structuring and Advice: Advising on the legal structure and framework of PPP projects, including preparing the business case, transaction structure, risk allocation, and regulatory compliance. Assisting in structuring agreements to meet the needs of both public and private parties. Formulating new regulations and/or government decision required to implement the project.
PPP Contract Negotiation and Drafting: Drafting and negotiating PPP agreements, concession contracts, joint venture agreements, and other legal documents. Defining project parameters, responsibilities, performance standards, and dispute resolution mechanisms.
Regulatory Compliance and Due Diligence: Conducting due diligence on regulatory requirements, permits, licenses, and compliance with public procurement laws. Ensuring adherence to environmental, social, and governance (ESG) standards.
Risk Assessment and Allocation: Assessing project risks and advising on risk mitigation strategies, including insurance, indemnities, and guarantees. Allocating risks between public and private partners in a fair and balanced manner.
Financing and Funding Arrangements: Advising on financing options and structuring financial arrangements for PPP projects. Assisting in negotiations with lenders, investors, and financial institutions.
Bid Processes and Tendering: Advising public entities on the bidding process, request for proposals (RFPs), and tendering procedures. Assisting private sector participants in preparing and submitting bids.
Dispute Resolution and Litigation: Representing parties in dispute resolution, mediation, arbitration, or litigation arising from PPP agreements. Handling disputes related to contract breaches, project delays, or disagreements over terms.
Project Implementation and Management: Assisting in project implementation, monitoring compliance with contractual obligations, and managing ongoing legal aspects of the project. Providing legal guidance during the project lifecycle.
Government Relations and Approvals: Liaising with government entities, regulatory bodies, and stakeholders to obtain necessary approvals, permits, and clearances for project execution. Facilitating communication between public and private partners.
Exit Strategies and Termination: Advising on exit strategies, termination clauses, and procedures in case of project failure or non-performance. Handling legal aspects of contract termination or project handover.