Investment projects

Tender documents, contracts and bank guarantees in line with technical, commercial and tax requirements. Compliance of tender documents with the requirements of the Public Procurement Act, taking into account possible state aid aspects.

Pre-contract documents used to secure suppliers for critical parts of EPC projects. Letter of Intent. Letter of Award. Production Capacity Reservation Agreements. Price escalation terms and clauses. Other documents to secure the position before the final contract is signed. 

EPC contracts from an investor's perspective. Negotiating with EPC suppliers. Avoiding double taxation. Permanent establishments. Optimal project insurance model. Option clauses. Ensuring payment of the contract price. Licensing of know-how and intellectual property for supplies subject to EPC projects. 

Contracts with suppliers of so-called ''higher deliveries''. Revision of draft EPC contracts and corresponding draft subcontracts with suppliers of so-called ''higher supplies''. 

Project financing and securing of financing receivables. Advance Payment Bank Guarantee proposals. Bank guarantees for good workmanship (Performance Bond). Bank guarantees for the guarantee period (Warranty Bond). Documentary Letters of Credit (Letter of Credit). Credit Agreements. Financial instruments closely linked to the terms of a specific EPC contract. 

Protecting intangible property rights when negotiating a licence for a trademark or patended invention. Drafting and negotiating an agreement for the provision of know-how. Planning and setting up a system for the protection of unpatended know-how, including the registration of intangible assets with the relevant intellectual and industrial property offices.

Project insurance, in particular all risks construction and erection insurance (CAR/EAR insurance). Establishing the terms and conditions of insurance cover for contractors and their subcontractors, including production insurance, transportation insurance, public liability insurance and their deductibles for construction and erection insurance. 

Avoidance of double taxation. Coordination and supervision of local law firms in charge of setting up and registering a permanent establishment abroad. Ensuring that future foreign corporate tax (withholding) on contract price payments is as low as possible to minimise the impact on project cash flow. Minimising tax risks by splitting the overall contract into offshore and onshore supplies of goods and services, and preparing related interliked contracts. 

Disputes concerning investment units. Resolution of international disputes through foreign arbitration. Mediation.