Our practice team has extensive experience in the structuring, financing and execution of large-scale infrastructure and energy projects.
In the electric sector, we have supported numerous clients in the preparation of diverse legal structures for the construction, operation and financing of a wide range of projects including: wind farms and solar parks; thermoelectric, hydroelectric, combined-cycle and cogeneration plants; operation and financing of electrical substations, lines and other facilities of power transformation and transmission, including obtaining the permits necessary for its operation. We regularly assist generators, suppliers and final users to carry out procedures before CENACE and CRE for its accreditation and operation in the market, as well as in all kinds of bids and auctions.
Our professionals have been part of the in-house teams of world-leading companies in these industries and have experience in the preparation and implementation of the regulation applicable to this sector, which provides significant added value to our services. We understand the actual needs and priorities of our clients, as well as the main challenges of the industry in different regions.
Our clients include sponsors, developers, operators, contractors, lenders, financial institutions, insurers and governmental entities in a federal, state and municipal level.
We provide an integral service which encompasses all stages of the projects:
• Preparatory Stage: assistance in the formation of corporate structures, joint ventures or alliances to develop the project; obtainment of necessary permits and registrations; studies for connection and interconnection; securing land rights or site acquisitions (purchase, lease or right of way); drafting off-take agreements; structuring and securing financing; and attaining and complying with social and environmental impact assessments and authorizations.
• Construction Stage: negotiation and drafting of all kinds of construction contracts: DB (design-build), EPC (engineering-procurement-construction), PMC (project management contract), BT (build-transfer), and BOT (build-operate-transfer), subcontracts; fuel, water or materials supply contracts; and supervision and project management contracts. We have experience with the models used by the International Federation of Consulting Engineers (FIDIC), the Association of International Petroleum Negotiators (AIP) and the Baltic and International Maritime Council (BIMCO). We also provide assistance with compliance of employment and social security obligations, including collective bargaining agreements, immigration procedures for key personnel, and assistance in audits.
• Operation Stage: negotiation and drafting of operation contracts, joint operation agreements, maintenance agreements, special services agreements and we provide day-to-day advice during the execution of the projects.
• Decommissioning Stage: compliance with abandonment or dismantling obligations; preparation of sale and transfer agreements, recovery procedures, and everything required for the project’s legal closure.
Our services also include advice in the following matters:
• Financing: advice to both lenders and borrowers in the implementation of diverse and novel financing schemes for projects, involving both public and private resources and guarantees. We undertake detailed reviews of future projects to ensure their bankability and we assist our clients in the drafting of all contracts required for the financing, including inter-creditor agreements, direct agreements, loan agreements, hedging agreements, securities, trusts and other guarantees.
• Public-Private Partnerships (PPPs): our firm has remarkable experience in the development and management of PPPs, both in accordance to the applicable federal law, as with the equivalent or similar instruments at municipal and state level. We have participated in the preparation and submission of diverse unsolicited proposals which have been accepted, tendered and awarded to our clients, as well as in the bidding of similar projects under that regime. We provided advice to the first PPP approved to use a public funds guarantee in Mexico after the enactment of the Law on Financial Discipline for States and Municipalities.
• Due-Diligence and Regularization: we undertake detailed review procedures of existing projects and carry out all activities required to ensure compliance with the applicable legislation and authorizations.
• Multidisciplinary: our legal team is supported by technical professionals from other areas to complement our services, including engineers, economists and financiers.