We provide our Polish and foreign clients – investors, general contractors, subcontractors and design companies – with comprehensive legal assistance in realisation of investment projects in energy infrastructure, encompassing among other things designing, construction and modernisation of power units, and modernisation of systems to reduce sulphur oxide emissions and other systems in power plants. Our experience covers also legal advice in connection with construction of HV transmission grids and construction of stations and switching stations.
We have successfully represented Polish and foreign companies in litigation and arbitration in connection with realisation of investment projects in energy infrastructure.
Our legal advice encompasses:
- Legal advice and legal representation in proceedings at the public contract award stage, support in the course of contract negotiations with private sector investors in the energy sector;
- Assessment of general contractors’ legal risks in a given investment project before making the decision to participate in public procurement proceedings/starting negotiations with a private investor;
- Day-to-day legal advice at the respective stages of an investment project (including among other things analysis of possible claims related to the amendments to applicable regulations and technical standards, changes in the design, and introduction of substitute solutions and other events; analysis of acceptability of an annex to the agreement, taking into consideration the Public Procurement Law; participation in negotiations concerning annexes; drawing up opinions on disputed issues in the course of realisation of the investment project, including subcontractors’ claims; legal assistance at the stage of functional tests and power unit start-up);
- Legal assistance in contracts signed with the designers;
- Issuing opinions on issues related to realisation of the investment project, concerning construction law, occupational health and safety standards, and environment protection law;
- Legal assistance in subcontractors’ claims, and subsequent subcontractors and suppliers’ claims, based on the Civil Code and Public Procurement Law.
Selected power investment projects
- Advising an investor in connection with the EPC realisation of an investment project encompassing the construction of a power plant with a 600 MWe gas-steam unit, project value: over PLN 1.65 billion
- Advising a general contractor for modernisation of a boiler furnace system in units 7 – 12, PGE Bełchatów Power Plant; Contracting authority: PGE GIEK, project value: over EUR 475 million (over PLN 1.9 billion);
- Advising a general contractor for modernisation of boilers in units 2 and 4, PGE Bełchatów Power Plant; Contracting authority: PGE GIEK, project value: over PLN 375 million;
- Advising a consortium of Polish and foreign companies on the EPC modernisation of units 4 – 6, Turów Power Plant; Contracting authority: PGE GIEK, project value: over PLN 625 million;
- Advising a general contractor for expansion and modernisation of Byczyna station, including the addition of a 400 kV line; Contracting authority: PSE S.A.;
- Advising a general contractor for expansion and modernisation of a 400kV/110 kV Słupsk station; Contracting authority: PSE S.A.;
- Advising a general contractor for expansion and modernisation of Skawina station; Contracting authority: PSE S.A.;
- Advising a general contractor for modernisation of a fluid boiler exhaust system, Żerań Power Plant;
- Advising a general designer of a new power unit in Jaworzno III Power Plant on negotiation and performance of the contract with the general contractor (RAFAKO SPV); Contracting authority: Tauron Wytwarzanie S.A.;
- Advising a contractor for modernisation of a sewage treatment plant in Szczecin (Pomorzany), Warsaw (Czajka), Bolesławiec, and other locations;
- Advising on drafting design documentation for construction of an agricultural bio-gas plant as a public-private partnership (also with commitment of funds from a European investment bank);
- Advising an operator of wind farms in connection with contracts for construction of the investment project, and delivery and upkeep and maintenance of wind farms.
Below we present a list of selected clients of our Law Firm, whom we provide support with on a long-term and regular basis or in special projects:
- Babcock Borsig Steinmueller
- Babcock Noell
- Babcock Power Services
- Bilfinger ELWO
- Bilfinger MCE Berlin
- PKN ORLEN