The secret to successful construction and infrastructure projects is planning, and we work with you long before the first shovel hits the dirt. With CEE/SEE experiencing high levels of activity in construction projects aimed at modernising public and social infrastructure, we stand ready to deploy our local legal expertise and regional contacts for your benefit. We help you negotiate the complex legal, regulatory, financing and construction issues that arise in infrastructure projects or in public-private partnerships.
Our aim is to build a true partnership with you throughout the project life cycle. We help you with project structuring and regulatory/licensing issues, securing project financing, drafting and negotiating construction and other project-related agreements, public procurement issues, and acquiring or disposing of an existing project. Your industry and business goals determine the team and strategy we implement. We have specific insights in sectors such as transportation, social infrastructure, hospitality, tourism and leisure, telecommunications, media and technology, water and waste management and more.
When you think Wolf Theiss, think cross-border. We can provide you with a single point of contact for any project in the CEE/SEE region. Our goal is always to plan ahead and avoid problems before they become conflicts so you can do what you do best: build.
Development and Structuring
You have an infrastructure or building construction project, including bridges, tunnelling or civil engineering projects? We can advise you during the whole life cycle; from contract review and negotiation through the completion and warranty phase. This also includes structuring advice, public procurement issues, PPP/concession contracts, management and development agreements, tax benefits, environmental reviews, permitting and compliance matters and cross-border investment issues.
Construction Contracts and Related Agreements
We can advise you on drafting construction, general contractor and subcontractor agreements, Guaranteed Maximum Price and general planner agreements, as well as general terms and conditions for constructors and manufacturers. Our team has experience with all commercial agreements specific to your industry. This includes EPC/O&M contracts, PPP/concession contracts, and supply and off-take agreements, and we can also help you with shipping, logistics, agency, distribution, sales, outsourcing and offshoring arrangements, too.
You need specific legal expertise and experience for your international construction project. Many of us are FIDIC-certified Adjudicators, which means that we can represent you before courts, arbitral tribunals and dispute adjudication boards effectively and with knowledge of the process. We provide project-specific legal advice and representation on all FIDIC-based construction contracts, as well as interdisciplinary support regarding claim and contract management.
Litigation and Arbitration
It's sometimes impossible to avoid lawsuits over construction and infrastructure projects. Claims for securing evidence, (additional) compensation, defects and damage claims, contractual penalties, disputes on geological and other risks and claims under securities: we have experience in litigating all these and more. Our direct knowledge and industry experience helps us to identify risks and opportunities so we can develop the litigation or arbitration strategy you need to win.
Regulatory & Environmental Law
Zoning regulations, historical protection and other restrictions: every construction project carries limitations with it. But that doesn’t mean that there aren’t opportunities too. We routinely work alongside architects, engineers and surveyors to ensure that you make the most of your project while keeping relevant laws and regulations in mind. We advise you on all environmental, permitting and licensing issues dealing with the construction and operation of infrastructure assets, including unbundling aspects and compliance with market rules. Our contacts with relevant authorities and regulators become your strengths as we guide you through the labyrinth of administrative proceedings. Learn more about our Regulatory & Administrative Law and our Environmental & Planning law practices.
Each project calls for a customised financing solution. We can help you look into anything from traditional LMA acquisition and project finance structures, to different forms of structured finance and debt restructuring techniques such as project bonds, monetisation of revenue streams, securitisations, and derivatives products. Learn more about our Banking & Finance practice.
Whether you are a contracting authority or a bidder in a large-scale infrastructure project, we help ensure that your business or organisation complies with all procurement rules. Contracting authorities frequently trust as a full-service provider through all stages of an infrastructure project: from tenders for architectural work to procuring project management and controlling services, planning services, construction and infrastructural works to tendering technical and infrastructural facility management services. You are a bidder? We advise on securing the compliance of your bid, negotiate with contracting authorities, and, if necessary, challenge unfair tender provisions and award decisions. Learn more about our Public Procurement practice.
Building Information Modeling (BIM)
BIM (Building Information Modeling) is an intelligent 3D model-based process that gives architects, as well as engineering and construction professionals, the insight and tools to more efficiently plan, design, construct, and manage buildings and infrastructure. BIM is a technology which offers many advantages, but also poses new legal questions. You need to be sure you still comply with requirements under public procurement law, consider the structure of your construction contracts (are there the same rules for all project parties involved?) as well as take possible interface problems into account. Our BIM-experts have both the technical and the legal knowledge to provide you with the best possible support in realising your BIM-project.