Infrastructure

Shortage of up-to-date quality infrastructure is one of the key challenges for the next 20 years. This has been clearly identified at all levels of government. Meeting this challenge will require long-term planning, focus, flexibility in delivery methods and funding options, excellent risk management skills, expert project management and experienced advisers.

As leading lawyers in the infrastructure sector, and a strong track record of advising on high profile, commercially complex and strategically important projects, ULC's Infrastructure team is respected and engaged on a recurring basis by government, constructors, developers, operators, debt providers and investors alike. We operate across all sectors, including economic infrastructure (transport, communications power, water and other utilities), municipal facilities and social infrastructure (health, education, housing and justice).

Our Infrastructure team advises clients on various infrastructure projects relating to roads, bridges, airports, rail and ports. The Firm has in the process represented the International and Domestic sponsors, lenders, investors and contractors in such projects.

The firm has a nationwide practice base and has successfully represented and advised numerous clients in the infrastructure sector. The experience of the firm with regard to infrastructure projects ranges from acting as a legal adviser to financiers of projects and the preparation and negotiation of the financing documentation, inter-creditor arrangements and trust and retention documents, to the carrying out of due diligence on the project contracts and preparing and negotiating project documentation for stakeholders.

Our services include advice related to structuring of Project, tax structures, advice on legal, regulatory and transactional issues at the various stages of project conception and execution. Our counsels provide the client complete legal solutions and advice from pre-qualification stage to bidding, to the tender process to final execution of documents

Our national team offers our clients unparalleled insight, experience and expertise in the rapidly expanding public infrastructure sector. We work closely with our clients at every stage of the process — from issuance of the procurement documents to financial close to ensure that their interests are met and the deal closes on time.

We are a full service law firm offering all of the expertise and industry knowledge required to successfully execute and close infrastructure projects of any nature or size. We provide timely business-oriented advice on every aspect of the procurement process and transaction, including the following:

Designing the procurement process and drafting procurement documentation

Interpreting and commenting on procurement documentation for the private sector proponent

Drafting bidding agreements (between members of the bidding consortium)

Advising on the most effective procurement and bidding strategy

Leading negotiations between the public authority and private sector bidders on the principal contracts

Leading negotiations on, and drafting the heads of terms and the final drop down agreements between the SPV and each of the principal subcontractors

Drafting and reviewing financing documentation and leading negotiations between financial institutions and the SPV/borrower

Advising on project insurance issues

Drafting and negotiating early access and early works agreements

Practice Spotlight:

Arbitration, Mediation, Dispute and Claims Resolution

Consortium Arrangements and Joint Ventures

Contract and Risk Management

Facilities Management

Governance Process and Probity

Liaising with the Government Authorities

Mortgage and Hypothecation Deed

Outsourcing

Tender Preparation, Management and Advice