PROJECTS AND INFRASTRUCTURE
Our project and infrastructure practice has a presence of more than 15 years in the development and financing of the main large-scale projects in Peru, especially in the transport, ports, mining, energy and sanitation sectors, among others. We are recognized as market leaders and have participated with multilateral and government entities in the modernization and implementation of international best practices for future Public-Private Partnership (PPP) projects.
We provide an integral service for the development of greenfield and brownfield projects, in all their stages, with experience advising concessionaires, sponsors, financiers, funds, as well as infrastructure investors from diverse sectors.
Our projects and infrastructure area has a multidisciplinary team and high specialization in sectorial regulatory matters (mining and natural resources, transportation and ports, energy and renewable energy resources, hydrocarbons, sanitation, telecommunications, health, among others). We advise national and foreign clients on the structuring of complex projects, as well as on the accompaniment of their execution, analysis and alternatives for risk mitigation.
Partner: Luis Miguel Elias
Our main services
Structuring and investment strategies
- Evaluation of legal risks related to the project and its investment alternatives, including PPPs, unsolicited proposals, public tenders, among others.
- Selection processes: review of the initial terms proposed by the holder entity, as well as advice for the formation of joint ventures, in the preparation of the corresponding offer and in the fulfillment of the requirements for the conclusion of the corresponding contract.
- Structuring and negotiation of contracts with the holder entities or developers of the project: advice to achieve a correct risk allocation between the parties, as well as the bankability of the project.
Development and execution of projects
- Elaboration and negotiation of contracts with companies specialized in construction and operation.
- Legal advice and accompaniment in the development and execution of DFBOT, BOT, BOOT, EPC, O&M contracts, agreements related to G2G structures, as well as those other relevant contracts of the project, including take or pay, supplies, among others.
Project finance
- Review of legal requirements for project bankability.
- Advice to multilateral entities, national and foreign banks, funds and other financiers or creditors allowed for a project. Accompaniment in the procedure of permitted secured indebtedness and in the review of the conditions of financial closing and in obtaining the financing.
- Advice to investors, concessionaires and sponsors in the structuring and negotiation of project financing, the guarantee package, as well as in the procedure of permitted secured indebtedness and in the compliance with the conditions of financial closing and in obtaining the financing.
Legal strategy for project management
- Analysis of legal risks and contingencies related to the project and its stakeholders.
- Implementation of mechanisms to prevent and mitigate disputes or litigation that may affect the project.
- Integral management of legal risks of the project, including the strategy for handling claims and administration of the initiation of litigation or legal defenses.
RELEVANT EXPERIENCE
Counsel to BBVA and other lenders in the €320 million project financing granted to Nabiax, one of the world’s first sustainable transactions in the data technology sector.
Stonepeak Partners in the USD 2,700 million acquisition of Lumen Technologies an optic fiber and data center operator in Peru, Argentina, Brazil, Chile and other countries.
Independent Legal Expert for an international arbitration dispute before ICSID related to infrastructure and renewable energy projects in Peru.
International Finance Corporation, as permitted creditor, in the negotiation of the amendment to APM Terminals’ concession for the expansion of the Callao Multipurpose Port.
Nexa Resources in the plan and infrastructure required for the integration of its under-ground mining operations.
Proinversion, the Peruvian Private Investment Promotion Agency, in the Public Private Partnership – PPP standardized template agreement to be used in future PPP projects in Peru.
Related Practices
Mining
Financings