There can be no doubt of the importance for the economy and community life of public infrastructure and the services that are provided using such infrastructure. The design, construction, maintenance and use of infrastructure of all kinds by private individuals is heavily regulated and it requires enormous investment. Given the complexity and duration of the legal relationships that must be entered into in order to enable the construction and use of such infrastructure, it is essential to ensure its correct initial design and subsequent construction. 

The infrastructure team at Ramón y Cajal, which is made up of lawyers specialising in public law, project finance, M&A and tax law, provides both developers, lenders and investors (national or international) and public authorities with comprehensive and innovative legal advice regarding the construction and use of road, railway, port, airport, desalinisation, water treatment and distribution or sewage treatment or waste management infrastructure (among others) and high added value in complex transactions such as public-private partnerships (PPPs).

The legal advice that we offer includes all stages of the project, from the initial tender and financing stage until its completion or transfer, including its construction and use. 

Our services in this area include the following: 

• Preparation (for the authorities) and analysis (for the bidders) of the specific tender terms and conditions and other contractual documents.  

• Challenge of decisions relating to the preparation and awarding of contracts. 

• Advising shareholders (sponsors) and lenders regarding non-recourse or limited recourse financing and due diligence of the asset, design of the most suitable financing structure, negotiation and drawing-up of contracts and agreements and analysis of the taxation of the financing structure. 

• Negotiation of possible amendments that the contracting authority wishes to make to the agreements entered into and where applicable the filing of claims in the event of possible additional costs or penalties. 

• Transfer of contracts and agreements: due diligence reports, drawing-up and negotiation of purchase agreements and advising on applicable permits and authorisations. 

• Advising in relation to the decisions of the contracting authority (contractual amendments, price reviews, imposing of penalties, termination of the contract and reversion of assets, etc.) and the challenging of such decisions.
   

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