PROJECT AGREEMENTS AND STRUCTURES

ENGINEERING, PROCUREMENT, & CONSTRUCTION

Few service providers can match our experience in formulating bespoke construction agreements that fit the particular project concerned, closely informed as to exigencies and risks across an extremely wide range of technologies and contexts. These range from renewable energy, through oil and gas, to traditional thermal projects, and include further a broad spectrum of other infrastructure projects.

OPERATION & MAINTENANCE

Our construction contract services are complemented by our concomitant experience in formulating, negotiating, and concluding O&M agreements for the self-same projects. Consequently, we are well-informed and experienced as to the particular operational and maintenance exigencies and risks across the same broad range of sectors and technologies, and assist clients in crafting appropriate mitigating contract provisions.

PPA & OTHER OFF-TAKE AGREEMENTS

Critical to project success is to ensure that the relevant off-take agreement has anticipated and catered for all risks pertaining to the production and supply of the particular resource - electrical energy, heat/steam, biofuel, gas, and syngas - and that the offtaker is sufficiently robust and adequately supported to sustain the off-take over the full term of the agreement. We have extensive experience on off-take agreements across the full spectrum of such resources. We have particular experience in formulating private corporate PPAs tailor-made for IPPs delivering electrical energy to private off-takers.

FUEL- & OTHER SUPPLY AGREEMENTS

Security of supply of any commodity required for any industrial or economic process depends on the proper meeting of minds between supplier and receiver. We are highly experienced in the formulation and finalization of all forms of supply agreements across multiple resources - crude oil, coal, natural gas, LNG, LPG, petroleum fuels & products, biomass fuels, bio-waste, and water.

STORAGE, THROUGHPUT, & TRANSPORTATION

We have represented many clients having varied commodity storage-, throughput-, and transportation requirements. Our particular focus is in South African region, where the regulatory framework has specific parameters as to tariff setting, infrastructure availability and use, and ownership and control. However, we have assisted clients in the Southern African region and Mauritius with these critical project agreements.

PROJECT LAND RIGHTS

No project can be advanced without securing tenure over the land or project site over which it is to be developed. We assist clients with the negotiation and conclusion of land rights options, and the formulation of appropriate leases, servitudes, and wayleaves required for project implementation. In the South African context, we further assist with compliance with requirements under associated land and minerals legislation.

PROJECT STRUCTURES & FINANCING

The manner in which a project and the project corporate entities are structured are key for project success. Project partners require appropriate protections under well-formulated project development and shareholder arrangements. Where equity participants fund projects, well-constructed financing arrangements are required to protect interests and to ensure promised returns. In the South African context, particular attention must be paid to empowerment and social development imperatives.

We have extensive experience in structuring projects and project special purpose vehicles as appropriate for the particular project itself, and in crafting appropriate equity financing agreements that inure to the benefit of the investor and the project. 

© 2019 by AsH3Konzult.