From Concept to Contract to Completion
Kalbian Hagerty has contributed significantly to every phase of planning and development for some of the most significant real estate and infrastructure projects in the world, including airports, rail and highway infrastructure, destination resorts, amusement parks, and hospitals in the Middle East, Africa, Asia, and Latin America.
Our attorneys assist major international construction industry clients, including developers, contractors, specialist subcontractors, and consultants with project and operation related contract drafting and negotiation, corporate governance, amicable dispute resolution, project support including regulatory compliance and permitting, staff training, as well as the development, implementation, and maintenance of industry-specific international legal compliance standards based on project location.
Together our practice group has:
- Provided key legal services for projects with a total construction value in excess of USD $100 Billion.
- Managed the legal aspects of planning, design, permitting, construction, construction supervision, and project management services including project planning and pursuit, contract negotiation, project team support, developer interface, dispute resolution, and contract closeout for numerous large-scale infrastructure projects that include:
- The Riyadh Metro,
- The King Khaled International Airport expansion,
- The KSA North-South Rail Link,
- The Jahra and Jamal Abdel Nasser Roads in Kuwait,
- The Doha Metro,
- ASGHAL’s water and wastewater projects in Doha,
- The Dubai Parks infrastructure works,
- The Doha Airport expansion, and
- The Motor City project in Dubai.
- Successfully represented one of the largest general contractors in the Gulf in an ICC Arbitration, that proceeded to a full evidentiary hearing before a three-member Tribunal, and involving a major infrastructure project at the Qusahwira Oil Field on the Saudi-UAE border.
- Developed, adapted for specific country use, trained staff to use, and maintained a suite of standard form agreements for use by engineering and project management consultants operating in the Middle East and South Asia. These forms include standard consultancy agreements, sub consultancy agreements, employment and secondment agreements, several joint venture agreements, and consultancy agreements specifically adapted for alternative project delivery.
- Led development, staff training, and implementation of legal and ethical compliance programs for international operations covering FCPA, Anti-Bribery Act, Anti-Boycott law, U.S. sanctions regimes, local equivalent laws, applicable anti-discrimination and employment laws including ILO standards, KYC programs, and anti-trust and anti-competitive practices laws.
- Counseled on the formation, structuring, restructuring, and corporate secretarial requirements for multinational consultancy, construction firms, technology, insurance, and luxury goods corporations in the Middle East, Asia, and Latin America.
- Represented a significant international German water and wastewater contractor on a variety of claims and contractual matters arising in Europe and Asia.
- Represented the founding partners/members of an international architecture firm on the formation of an international architectural and engineering consultancy through the acquisition and merger of practices and business lines based in Dubai, Portugal, and the USA. Acted as outsourced General Counsel and advised on corporate, commercial, compliance, and governance matters. In particular, the formation of joint ventures with other consultants and contractors and regulatory compliance in the GCC and EU markets.
- Counseled UAE based conglomerate on regulatory compliance in Dubai concerning business activities of their design operations and design-build operations.
- Represented UAE based engineering firm on local law liability issues, specifically decennial liability, and invalidation of limitation of liability clauses, and practical, solutions-focused, risk management policies and procedures for operating in the GCC.
- Acted as outsourced Legal and Operational Director for a Swiss-based insurance technologies firm for startup operations in South Asian markets. Advised on global corporate structure and tax planning, corporate governance including the responsibilities of managers and directors, local office set up, regulatory affairs, HR issues and global mobility, compliance and anti-corruption, development and implementation of standard form contracts, and adapting product design and delivery methods to local market laws, regulations, and customs.
- Confidentially advised a South-East Asian state-owned facilities management corporation on its rights under local law in Saudi Arabia relating to the termination of a long-term transit infrastructure DBO contract.
- Led the legal review and risk assessment for participation in and subsequent tender challenge preparations for tender of the expansion of the Mexico City Airport. Responsibilities included assessing the intended procurement strategy, construction tender, and the impact on likely project requirements in light of construction contract’s approach to project delivery, including gathering and interpreting information about the impact of local law on general practices.
- Provided legal counsel and advice regarding Brazil Airports expansion and privatization. We worked in conjunction with counsel for a major international airport operations company as part of the PPP tender consortium to prepare the tender strategy, in particular, the assessment of contractual risks and program delivery requirements from commercial, project management, and legal perspective.
- Led the team that provided the economic and legal risk assessment for the Greek Island Airports Privatization Project as well as the subsequent needs assessment and oversight contract negotiations with the Greek Aviation Authorities. This matter included evaluation of contractor performance and the level of oversight required to ensure the performance of the PPP consortia.
- Provided counsel and advice to concessionaire of major Latin American Airport in developing procurement strategy and negotiating construction contract for a major expansion project after a failed tender forced the direct appointment of a non-compliant tenderer.
Our International Construction, Infrastructure, and Logistics Practice focuses on:
- All Phases of International Project Development
- Construction Litigation and ADR
- Contract Drafting and Management
- Corporate and Project Level Joint Venture Governance
- Project Risk Assessment
- Complex Commercial Arbitration and Litigation
- Regulatory Compliance