We specialise in construction and export of investment projects for generating and processing electricity, thermal energy, gas and the energy utilisation of waste.
Public contracts and Public support
Preparing of tender documentation. Preparation of contracts and bank guarantees. Coordination of technical, commercial and tax requirements. Ensuring conformity of tender documentation with the requirements of the Public Contracts Act while taking into account any possible aspects of public support.
Pre-contractual documents to secure suppliers of critical parts of EPC projects, including letters of intent, letters of award, reserve agreements for production capacity, price escalation conditions and clauses and any other documents that secure our clients’ positions before concluding the final contract. Preparing EPC contracts from the point of view of the investor. Negotiating with EPC suppliers. Providing consultancy in the area of limiting dual taxation, permanent establishments, optimum models for insuring the project, option clauses, securing payment of the contractual price and provision of licences for know-how and intellectual property in the case of supplies that are the subject of EPC projects.
Contracts with suppliers for so-called “higher deliveries”. From the point of view of EPC suppliers and their other subcontractors, providing reviews of draft EPC contracts and corresponding draft subcontractor contracts with suppliers of so-called “higher deliveries“.
Financing and bank guarantees
Bank guarantees for advance payments (advance payment bank guarantees). Bank guarantees for properly completing the work (performance bonds). Bank guarantees for the warranty period (warranty bonds). Documentary letters of credit and loan contracts. Securing the close connection of financial instruments to the conditions set out in the specific EPC contract. Limiting dual taxation.
Protecting the rights to any intangible assets
Protecting the rights to any intangible assets when negotiating a licence for a trademark or patented invention. Contracts on the provision of know-how. System to protect unpatented know-how, including registering intangible assets with the appropriate authorities for the protection of intellectual and industrial property.
Consultancy in the area of project insurance, especially construction-erection insurance against all risks (CAR/EAR insurance). Designating the conditions for insurance coverage of contractors and their subcontractors including insurance of production and transport, liability insurance for damages incurred by third parties and any excesses in construction-erection insurance.
Consultancy to suppliers with regard to establishing and operating permanent establishments on the project’s site. Coordinating and supervising local law firms commissioned to establish and register the permanent establishments abroad. Legal services for the purpose of ensuring the lowest tax instalments on future income tax for legal entities abroad (withholding) from the payment of the contractual price in order to minimise the impact on the project’s cash-flow. Consultancy for the purpose of minimising tax risks during division of a comprehensive contract for international supplies of goods and services (off shore) and local supplies of goods and services (on shore) and during the preparation of associated cross-linked contracts.