Infrastructure and investment projects
Practice
Infrastructure and investment projects
DEGA Partners provides legal support for complex investment, development and infrastructure projects in Ukraine and abroad, including projects involving Ukrainian companies, assets or counterparties that require Ukrainian and international legal aspects to be coordinated.
We advise investors, developers, employers, contractors, suppliers and operators of infrastructure facilities on project structuring, contractual relations, risk allocation, regulatory requirements and interaction between the parties.
Our work covers all the main stages of a project - from defining the investment and contractual model, negotiations and legal due diligence of assets to preparing contract documentation, obtaining the necessary permits, dealing with the authorities and resolving disputes that arise in the course of performance.
The combination of corporate, commercial, regulatory, tax and litigation expertise allows us to work on complex projects involving multiple parties, international contract models and multi-level legal regulation.
We focus on creating legal mechanisms that align the interests of the parties, allocate risks properly and enable the practical implementation of investment and business projects.
Services
What can DEGA Partners offer you?
Legal support of public-private partnerships (PPP), concessions and other forms of private sector participation in infrastructure projects
Development and negotiation of contractual models between investors, employers, developers, contractors, suppliers and operators
Preparation and support of EPC, EPCM, construction, engineering and design contracts
Drafting and adaptation of construction contracts based on FIDIC standard forms
Legal support of equipment supply, operation, maintenance and facility management contracts for infrastructure assets
Legal due diligence of investment assets, real estate, land plots, property rights and related restrictions
Support in urban planning, design, construction and permitting matters
Regulatory support in project preparation and implementation, interaction with state and local authorities
Legal support in negotiations with project participants, investors, public authorities and other stakeholders
Support in public procurement and tender procedures within infrastructure projects
Corporate and contractual structuring of investment transactions
Assessment and management of legal risks at the preparation and implementation stages of projects
Legal support in replacing designers, the use of design documentation and the organisation of designer's supervision
Claims and disputes over deadlines, cost of works, quality, allocation of liability and performance of contractual obligations
Key experience
Our cases and projects
Structuring an international EPCM investment project within a public-private partnership
Legal support in structuring an investment project in Pakistan based on an EPCM model within a public-private partnership (PPP).
The work included a legal analysis of the proposed project structure, the development of the contractual model and the allocation of functions, obligations and risks between the participants.
A separate part of the work was direct interaction with local authorities, public sector representatives, industry specialists and experts of the association involved in the project.
Establishment and legal support of an energy storage association
Legal support in establishing the ENERGY STORAGE UKRAINE ASSOCIATION and ongoing legal support of its activities and members in the development of infrastructure projects.
The DEGA Partners team handled the structuring and state registration of the organisation, supported its internal governance and advised its members on legal and organisational matters.
The ongoing work covers continuous legal support of the association's activities and of legal matters related to the development and implementation of energy infrastructure projects.
Development of a FIDIC contract model for the construction of a residential complex
Legal support in developing and implementing a contractual model based on FIDIC standard forms for the construction of a residential complex.
The work included analysing the structure of the construction project, adapting the FIDIC contract model to the specific conditions of the project, and preparing and negotiating the contract documentation.
Particular attention was paid to the allocation of rights, obligations and risks between the construction participants and to legal support in the practical application of the chosen contractual model.
Settlement of rights to design documentation and organisation of designer's supervision
Legal support of an infrastructure project in which the design organisation had to be replaced and the legal issues of the further use of the design documentation had to be resolved.
The key task was to delineate the intellectual property rights to the design documentation, the status of the developer of the approved design and the powers to carry out designer's supervision.
DEGA Partners developed a legal and contractual model of interaction between the original developer, the new design organisation and the employer, enabling further development of the working documentation and continued implementation of the project in compliance with architectural and procurement legislation.
Structuring and legal support of the acquisition of a subsoil extraction business
Comprehensive legal support of a transaction to acquire a business in the subsoil extraction sector, including investment due diligence of the asset, structuring of the deal and preparation of the transaction documents.
The work covered analysing the client's investment goals and conducting due diligence of the company and its assets, including land plots, real and movable property, intangible assets and inventory. Particular attention was paid to verifying the special subsoil use permits and compliance with the terms of the relevant agreement.
The team also advised on the choice of the acquisition model, the establishment of a legal entity in a foreign jurisdiction, the tax and currency aspects of the transaction, the preparation of the investment agreement and the share purchase agreement governed by foreign law, and the registration of rights to the investment asset.
Consultation
Discuss your legal matter with the DEGA Partners team.
Describe the situation - we will define the next step, the practice involved and the format of further work.
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