Public-private partnership

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.

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Your contacts in Public-private partnership

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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 (2006–2019)
  • Full-service legal assistance to the interregional entity Viapass for the structuring, awarding and implementation of the electronic toll road system in Belgium (2014–2019)
  • Legal assistance to the competent Dutch authority for the structuring and awarding of the electronic toll road system in the Netherlands (2019)
  • Legal assistance to De Werkvennootschap on the structuring, awarding and implementation of the DBFM project relating to the “missing link” parts of the R4 road (2019)
  • Legal assistance to De Werkvennootschap (formerly Via-Invest) and De Vlaamse Waterweg NV on the structuring, awarding and implementation of the DBFM project to construct and heighten 17 bridges over the Albert Canal (including all related contract drafting and negotiation) (2017–2019)
  • 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 (2019)
  • Legal adviser to the winning private consortium in the framework of the award procedure for the PPP project relating to the modernisation of the Public Lighting Equipment in the Walloon Region (2018–2019)
  • 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 AG VESPA in the structuring, tendering and execution of the large DBFM project “Antwerp Local Police Master Building”. We assisted the procuring authority in all aspects of the tender procedure, including all contract drafting and negotiations as well as the follow-up of the contract execution phase (2017–2019)
  • Legal adviser to the NMBS/SNCB in the structuring and tendering of the development of its new headquarters and the sale of several office buildings. We assisted the public company in all aspects of the tender procedure, including all contract drafting and negotiations (2018–2019)
  • 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)
  • Legal adviser to the public holding company Blue Gate Antwerp NV 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
  • Legal adviser to a team of market-leading construction companies during the award procedure for the DBFM project related to 9 new sports complexes in the Flemish Region (including all related contract drafting and negotiation up to successful closing)
  • Legal adviser to a market-leading construction company and investment fund during the award procedure for the DBFM project related to the new prison at Haren in the Brussels Region (including all related contract drafting and negotiation)
  • Legal adviser to the municipality of Middelkerke for the awarding of a gambling concession and the construction of a new casino
  • Legal adviser to several municipalities for the awarding of the design and construction of a multifunctional building with a library and a music and art academy