As legal adviser in various small-scale and large-scale infrastructure and/or city development projects, Eubelius has developed extensive experience in the wide legal world of PPP, from the pilot phase of PPP projects through to the contract and financial close. Our assistance continues throughout the project until its full implementation and realisation. The attorneys in our PPP team work with both public authorities at all levels (federal, regional and local) and market-leading construction companies, developers, architects, service providers and infrastructure investors.
Your contacts in Public-private partnership
Eubelius' PPP team is built on close cooperation between attorneys in the Public & administrative team and attorneys from our Corporate and M&A team, thus combining extensive knowledge and capability in public and administrative law with transactional corporate and banking & finance skills and expertise.
As and when appropriate, our PPP core team can call upon our specialists in tax law, European law (including ESA rules), general contract and insurance law and litigation. Attorneys in each of these specialist supporting areas have developed a special focus on PPP-related legal issues within their own specific area of expertise.
This approach enables us to provide integrated responses to the most complex legal questions in connection with PPPs, irrespective of whether the client is a public or private partner.
Efficient legal assistance in PPP projects necessarily calls for a multidisciplinary approach and integrated cooperation among specialists in the various legal domains concerned.
Some of our references
- Legal adviser to the public transport operator De Lijn for the structuring, awarding and implementation of all its PPP infrastructure and rolling stock projects (2006–2021).
- Legal assistance to the competent Dutch authority for the structuring and awarding of the electronic toll road system in the Netherlands (2019–2021).
- Legal assistance to De Werkvennootschap on the structuring, awarding and implementation of the complex DBFM project relating to the “missing link” parts of the R4 road (2019–2021).
- Legal adviser to a market-leading Belgian construction company within the framework of the tender procedure and contractual negotiations relating to several clusters of DBFM schools for the Flemish Agency for Education Infrastructure (AGION). In these DBFM projects, we combine our role as sponsors’ legal counsel with a role as transaction legal counsel for a market-leading Belgian lender (2019–2021).
- Legal adviser to a market-leading Belgian construction company during the competitive dialogue and contractual negotiations for the D&B project relating to the new master building for the Flemish radio and television broadcaster VRT (2020–2021).
- Legal adviser to a private consortium of a market-leading Belgian construction company and a technical service provider within the framework of the competitive dialogue and contractual negotiations for a DBFMO project relating to a new major (mono-)sludge treatment plant for Aquafin (2021).
- Legal adviser to the subcontractors of the winning private consortium in the framework of the complex PPP project relating to the modernisation of the public lighting equipment in the Walloon Region, including the contract & financial closing thereof and the recent financial adjustment due to Covid-19 (2018–2021).
- Legal adviser to AG VESPA in the tendering, contractual implementation and restructuring of the large DBFM project “Antwerp Local Police Master Building” (2017–2020).
- Legal assistance to De Werkvennootschap (formerly Via-Invest) and De Vlaamse Waterweg on the structuring, awarding and implementation of the DBFM project to construct and elevate 17 bridges over the Albert Canal (including all related contract drafting and negotiation) (2017–2019).
- Full-service legal assistance to the interregional entity Viapass for the structuring, awarding and ongoing implementation phase of the electronic toll road system in Belgium (2014–2021).
- Legal adviser to a market-leading technology services provider in the framework of the award procedure for the PPP project relating to the engineering and construction of all technical traffic installations on the future Oosterweel connection in Antwerp (2018–2019).
- Legal adviser to the NMBS/SNCB in the legal structuring and tendering for the development of its new headquarters and the sale of several office buildings (2018–2021).
- Legal adviser to the Flemish PPP Knowledge Centre for the updating of the mini DBFM standard contract (and tender guidelines) for local projects, as well as of the corresponding task and risk allocation matrix (2018–2019).
- Legal adviser to GO! (Flemish Community Education) on the awarding and contractual structuring of a mixed development project in the city of Hasselt related to the design & build of a top sports school and the private revalorisation of a set of sites in the neighbourhood (2017–2019).
- Legal adviser to the public holding company Blue Gate Antwerp in the procurement for the redevelopment of the Blue Gate Antwerp brownfield site into a sustainable industrial and commercial site (2016).
- Legal adviser to a regional hospital with regard to the set-up of the legal structure of a mixed urban redevelopment project in the healthcare and residential sector, the tender procedure and the contractual framework.