Investment Projects
Under the leadership of the firm’s Partner Jan Havel, act Řanda Havel Legal specialises in the areas of construction and export of investment projects for generating and processing electricity, thermal energy, gas and the energy utilisation of waste. Jan Havel has participated in more than 80 complex investment and development projects in the energy sector as legal counsel in Europe, America and Asia.
act Řanda Havel Legal in particular:
Prepares tender documentation, contracts and bank guarantees, coordinating technical, commercial and tax requirements; ensures conformity of tender documentation with the requirements of the Public Contracts Act while taking into account any possible aspects of public support;
Prepares pre-contractual documents to secure suppliers of critical parts of EPC projects, including letters of intent, letters of award, reserve agreements for production capacity, price escalation conditions and clauses and any other documents that secure our clients’ positions before concluding the final contract;
Prepares EPC contracts from the point of view of the investor and negotiates with EPC suppliers; provides consultancy in the area of limiting dual taxation, permanent establishments, optimum models for insuring the project, option clauses, securing payment of the contractual price and provision of licences for know-how and intellectual property in the case of supplies that are the subject of EPC projects; our lawyers are top experts in the area of EPC contracts for “greenfield” projects or projects involving the takeover and reconstruction of already existing facilities;
Negotiates contracts with suppliers for so-called “higher deliveries”; from the point of view of EPC suppliers and their other subcontractors, providing reviews of draft EPC contracts and corresponding draft subcontractor contracts with suppliers of so-called “higher deliveries”;
Provides legal services in the area of project financing and securing receivables from financing; prepares and assesses draft bank guarantees for advance payments (advance payment bank guarantees), bank guarantees for properly completing the work (performance bonds), bank guarantees for the warranty period (warranty bonds), documentary letters of credit and loan contracts; securing the close connection of financial instruments to the conditions set out in the specific EPC contract;
Provides comprehensive services to protect the rights to any intangible assets when negotiating a licence for a trademark or patented invention, when preparing and negotiating contracts on the provision of know-how or the planning and creation of a system to protect unpatented know-how, including registering intangible assets with the appropriate authorities for the protection of intellectual and industrial property;
Provides consultancy in the area of project insurance, especially construction-erection insurance against all risks (CAR/EAR insurance), designating the conditions for insurance coverage of contractors and their subcontractors including insurance of production and transport, liability insurance for damages incurred by third parties and any excesses in construction-erection insurance;
Provides legal services for the purpose of limiting dual taxation; provides consultancy to suppliers for international projects with regard to establishing and operating permanent establishments on the project’s site by coordinating and supervising local law firms commissioned to establish and register the permanent establishments abroad; provides legal services for the purpose of ensuring the lowest tax instalments on future income tax for legal entities abroad (withholding) from the payment of the contractual price in order to minimise the impact on the project’s cash-flow; provides consultancy for the purpose of minimising tax risks during division of a comprehensive contract for international supplies of goods and services (off shore) and local supplies of goods and services (on shore) and during the preparation of associated cross-linked contracts;
Represents clients in disputes concerning investment units; our lawyers have extensive experience in dispute resolution in the Czech and international environments in the area of investment units; during the resolution of international disputes in arbitration proceedings held abroad, our services include cooperating with law firms at the site of the court of arbitration.
act Řanda Havel Legal has been recommended in the area of investment projects in the Chambers Europe Awards 2014.The prestigious Chambers and Partners rating company has included the law firm ŘANDA HAVEL LEGAL amongst recognised law firms focussing on the area of Investment Projects. Chambers and Partners annually publish the internationally known Chambers Guide, which evaluates the quality of the legal work of law firms in 175 countries from the point of view of their expertise and the quality of their services based on independent evaluations and commentaries. The evaluation parameters include expert legal knowledge, professional conduct, the quality of the customer service, commercial intelligence, conscientiousness, application and other characteristics most appreciated by clients.
The prestigious IFLR1000 international rating publication has once again ranked act Řanda Havel Legal amongst significant law firms in the area of energy and infrastructure. IFLR1000 carries out independent worldwide research in to the legal services market in the segment of financial law and identifies leading law firms in individual countries and areas of law.
