Projects and Infrastructure
We are experienced in advising on the structuring, execution, and dispute resolution of public and private transportation infrastructure projects -road, river, and airport-, energy, water, sewage, telecommunications, among others.
Our team provides comprehensive legal advice to major national and international companies, both public and private, for the successful management of their infrastructure projects.
a) Negotiation and drafting of contracts for the execution of infrastructure projects.
b) Legal structuring and review of project finance schemes.
c) Structuring, review, and implementation of risk management, mitigation, and transfer schemes.
d) Preparation of due diligence.
e) Advice and representation of the client in public and private contractual selection procedures.
f) Support and representation of the client during the execution of projects, including in contractual sanctioning procedures.
g) Elaboration and implementation of crisis management strategies.
h) Elaboration and analysis of contractual claims.
i) Representation of the client in direct negotiations for the resolution of contractual disputes and conflicts with third parties arising from the projects.
j) Accompaniment in the liquidation of projects.
Arbitration Tribunal Unión Temporal Mejía Acevedo - S&E vs. Agrupación Guinovart Obras y Servicios Hispania S.A. Sucursal Colombia
Our firm represented Unión Temporal Mejía Acevedo - S&E against Agrupación Guinovart Obras y Servicios Hispania S.A. Sucursal Colombia, as a consequence of alleged breaches in a construction contract entered into between the parties. During the arbitration proceedings, the differences were settled in a settlement agreement in which the parties acknowledged the internationality of the arbitration, as well as the contractual differences, and agreed to convert the content of the settlement agreement into an arbitration award in case of breach of the agreed commitments.
Settlement of the contract for the construction and start-up of the "Aguas Claras" wastewater treatment plant
After seven months of negotiations, it was possible to sign the settlement agreement of a key contract for the Metropolitan Area of the Aburrá Valley, with a duration of seven years and a final value of COP 342,573,632,862, EUR 75,515,062 and USD 63,969,097. Its execution was not exempt from controversies, despite which a bilateral settlement agreement was signed, in which negotiation our team intervened on behalf of the contractor executing the project.
Settlement of contractual differences during the execution of a tunnel
Our firm provided legal advice during the execution of the Sinifaná tunnel for the Pacifico 1 project, which had an approximate cost of USD 20,000,000. The Sinifaná tunnel is part of the 4G Concessions that will allow the connection of the Eje Cafetero with the Colombian Pacific. The advisory focused on the contractual management of the project, the identification of risks, and the agreement of contractual disputes that culminated with the settlement of the differences between the parties in the liquidation act.
Recognition of contractual claims related to the modernization of the pipelines in downtown Medellín with trenchless technology.
We successfully represented their client in charge of the execution of the modernization and replacement of some pipelines in the Municipality of Medellín. The project involved a high social and vehicular complexity, for which the massive use of trenchless technology was advanced for the first time. The firm advised on contracts worth USD 60,000,000 and successfully achieved economic recognition by the contractor of three important and valuable contractual claims during the execution of the contracts.
Negotiation of assignment of contractual position and subcontract in 500 KV lines project
Our firm successfully advised and represented a client that sought to assign its contractual position and enter into a subcontract within the framework of the execution of the energy infrastructure project for the construction, assembly, testing, and commissioning of 500 kV transmission lines between the department of Antioquia and Valle del Cauca: Medellín-San Marcos. After intense negotiations, we were able to sign the agreements under the conditions required by our client.
Direct settlement that avoided the unilateral termination of a state contract
Our client was warned by EPM of its intention to terminate the contract signed for the hydraulic modeling of the sewerage system operated in the Aburrá Valley. Our team developed a legal strategy aimed at reversing the contracting party's decision, based on the demonstration of the reality of the contract and the negotiation of its execution conditions. Finally, the contract could be executed and brought to a successful conclusion, with all that this implies for the public sewerage service since the information obtained in this project is key for its diagnosis and improvement process.
Popular action - Definition of the layout of a fourth-generation highway - 4G
Represented Concesión Ruta al Mar in a judicial proceeding initiated in the exercise of a popular action, through which the plaintiff sought to obtain a particular route for one of the variants of a fourth-generation highway in the department of Córdoba. In the first instance proceedings, it was demonstrated that the competence to define the route is exclusively vested in the environmental authorities.