SC&A Legal advises project developers, concessionaires, contractors, lenders, investors, government entities and other stakeholders on legal matters arising across the infrastructure and project lifecycle. As an Infrastructure and Projects Law Firm and Lawyers in India, our practice covers project structuring, public private partnerships, concession agreements, engineering and construction contracts, project finance, land and regulatory matters, tender documentation, procurement, project development, contractual negotiations, claims, arbitration and project related disputes.
Infrastructure projects often involve several parties, long project periods and substantial contractual commitments. A single project may involve a government authority, private developer, lender, contractor, consultant, operator and multiple suppliers. Our lawyers assist clients with the legal framework governing these relationships, from initial project development and bidding through construction, operation, restructuring and dispute resolution. The Department of Economic Affairs, Ministry of Finance, maintains a dedicated infrastructure and PPP function and publishes guidelines concerning PPP project formulation, appraisal, approval, project development and viability gap funding.
Infrastructure projects require a clear allocation of responsibilities between the parties involved. SC&A Legal advises project sponsors, developers, concessionaires and investors on the legal structure of projects, contractual relationships, development rights, risk allocation and regulatory requirements. Our lawyers review the proposed project structure and identify the principal legal documents required for development, construction, financing, operation and maintenance.
Project development may involve development agreements, concession arrangements, land arrangements, government permissions, financing documents and construction contracts. Our legal team assists with preparing and negotiating the contractual framework governing these arrangements, with particular attention to responsibilities, milestones, conditions precedent, payment obligations, approvals, defaults and termination rights.
Public private partnerships can involve long term contractual arrangements between public authorities and private sector participants. Our lawyers advise private developers, concessionaires, sponsors, lenders and other participants on PPP documentation, tender requirements, concession arrangements, project obligations and contractual risk allocation. The Government of India’s Department of Economic Affairs publishes specific guidelines concerning formulation, appraisal and approval of central sector PPP projects.
A concession agreement generally establishes the contractual framework between the authority and private project participant. Our lawyers assist with reviewing and negotiating provisions concerning concession periods, project scope, construction, operation, maintenance, revenue, user charges, performance standards, termination and dispute resolution.
Infrastructure projects may involve government support mechanisms, including viability gap funding in eligible PPP projects. Our lawyers advise project stakeholders on the legal documentation and contractual aspects connected with such funding arrangements. The Department of Economic Affairs publishes guidelines concerning financial support for PPP infrastructure projects under the VGF framework.
Infrastructure projects frequently begin with a request for qualification, request for proposal or other procurement process. Our lawyers advise bidders and project authorities on tender documents, eligibility conditions, qualification requirements, contractual obligations, security requirements and dispute provisions.
Private companies participating in infrastructure tenders may require legal review before submitting a bid. Our legal services cover review of tender conditions, concession terms, risk allocation, consortium arrangements, guarantees, declarations and other contractual requirements.
Infrastructure bids may involve consortiums or joint ventures between developers, contractors, technology providers and financial participants. Our lawyers assist with consortium agreements, joint venture arrangements, allocation of responsibilities, governance, financial contributions, liability and exit rights.
Disputes can arise during tender evaluation, qualification, award or contract execution. Our lawyers advise bidders and project authorities on contractual and legal remedies arising from procurement disputes, subject to the applicable tender framework and jurisdiction.
Engineering and construction contracts define the responsibilities of developers, contractors and project participants. Our lawyers assist with drafting and negotiation of EPC and construction agreements covering scope, specifications, milestones, payment, performance security, variations, delays, defects, warranties and termination.
EPC arrangements can involve extensive obligations concerning engineering, procurement and construction. Our legal review focuses on risk allocation, completion requirements, liquidated damages, performance guarantees, change orders, force majeure, termination and dispute resolution.
Infrastructure assets often require long term operation and maintenance arrangements. Our lawyers draft and review O&M agreements covering performance standards, maintenance obligations, service levels, payment, reporting, liability, insurance and termination.
Major projects require equipment, materials and specialist services from multiple suppliers. Our legal team assists with supply agreements covering delivery, quality, inspection, warranties, payment, delay, liability and dispute resolution.
Projects may involve architects, engineers, project management consultants, technical advisers and other professional consultants. Our lawyers advise on appointment terms, scope, deliverables, professional obligations, intellectual property, confidentiality and liability.
Infrastructure projects often require significant external financing. Our lawyers assist sponsors, developers, lenders and investors with project finance documentation, security arrangements, conditions precedent, representations, covenants and enforcement provisions.
Project financing can involve facility agreements, security documents, guarantees, escrow arrangements, direct agreements and intercreditor arrangements. Our legal team reviews the contractual framework and the relationship between financing and project obligations.
Lenders may require security over project assets, receivables, shares, accounts or contractual rights. Our lawyers advise on security documentation and guarantee relevant to infrastructure financing.
Lenders may require legal due diligence before financing a project. Our lawyers review project agreements, concessions, land rights, approvals, litigation, material contracts and other legal matters relevant to the financing.
Infrastructure projects may require refinancing during construction or operations. Our lawyers assist with legal aspects of refinancing arrangements, amendments, security restructuring and related contractual documentation.
Infrastructure projects may require substantial land holdings for roads, railways, power facilities, airports, ports, industrial projects and other assets. Our lawyers advise project developers, landowners and other stakeholders on land acquisition documentation, compensation, possession, title and related disputes. The National Highways Act, 1956 contains provisions concerning acquisition of land for national highways, objections, possession and determination of compensation.
Before acquiring or developing land for a project, legal due diligence may be required. Our lawyers review title documents, revenue records, encumbrances, litigation, development rights, land use and other relevant records.
Project development may depend on ownership, leasehold rights, development permissions or contractual development rights. Our lawyers examine the legal basis for development and identify issues affecting the proposed project structure.
Infrastructure projects may require agreements with landowners concerning acquisition, access, development, leasing or other property rights. Our lawyers assist with negotiation and documentation of such arrangements.
SC&A Legal advises developers, concessionaires, contractors, lenders and other participants involved in road and highway projects. Our work can cover concession agreements, EPC contracts, O&M arrangements, land matters, tolling arrangements, project finance, claims and disputes. The National Highways Act provides the statutory framework for national highways and includes provisions concerning development, maintenance and agreements for development and maintenance.
Rail and metro projects involve complex arrangements between government authorities, developers, contractors, equipment suppliers and operators. Our lawyers assist with project contracts, procurement, construction arrangements, financing, land issues and dispute resolution.
Airport projects may involve concessions, development agreements, operation arrangements, land rights, financing and regulatory approvals. Our legal practice covers contractual and transactional matters involving airport infrastructure projects.
Port development may involve concession arrangements, construction contracts, operations, financing, land and regulatory matters. Our lawyers advise project participants on contractual arrangements and disputes connected with port infrastructure.
Power projects may involve generation, transmission, distribution, fuel supply, construction, financing and long-term operation agreements. Our lawyers assist with project documentation, regulatory contracts, financing arrangements and disputes.
Solar, wind, hybrid and other renewable energy projects may involve land arrangements, power purchase agreements, EPC contracts, O&M agreements, financing and regulatory approvals. Our lawyers advise developers, investors, lenders and contractors on the legal aspects of these projects.
Energy infrastructure may involve pipelines, storage facilities, terminals, transmission systems and associated facilities. Our legal practice covers development contracts, project finance, construction, operation arrangements and contractual disputes.
Water treatment, supply, wastewater and municipal infrastructure projects may involve public authorities, private operators, contractors and financiers. Our lawyers assist with concession arrangements, project contracts, procurement, financing and disputes.
Urban infrastructure projects can include public transport, waste management, water systems, housing infrastructure and municipal development. Our legal services cover project structuring, procurement, contractual arrangements, land issues and dispute resolution.
Telecommunication towers, fibre networks, data centres and other digital infrastructure involve construction, leasing, technology contracts and regulatory considerations. Our lawyers assist project developers, operators, investors and contractors with contractual and regulatory matters.
Industrial parks, manufacturing facilities, logistics hubs and special economic zone projects may involve land, development rights, construction, financing and operational agreements. Our legal team assists with project documentation and associated transactions.
Infrastructure projects may require approvals from central, state and local authorities. Our lawyers identify the regulatory approvals relevant to the project and assist with legal documentation and contractual conditions connected with those approvals.
Large projects can involve environmental permissions, land use requirements and sector specific regulations. Our lawyers advise project participants on the legal aspects of regulatory requirements and related contractual obligations.
Projects involving government departments, public sector entities and statutory authorities often operate under specific procurement and contractual frameworks. Our lawyers review tender conditions, government contracts, concession agreements and related documentation.
Long term infrastructure contracts can be affected by changes in legislation, regulations, policies or government requirements. Our lawyers assess contractual provisions dealing with changes in law and related commercial consequences.
Construction and infrastructure projects may experience delays due to land issues, approvals, design changes, supply disruptions, contractor performance or other events. Our lawyers assess contractual entitlement, extension of time provisions, delay records, notices and financial consequences.
Cost increases may arise from variations, delays, changes in law, material costs or unforeseen site conditions. Our legal team reviews the contract and project records to assess rights and obligations concerning additional costs.
Changes in project scope can affect cost, timelines and responsibilities. Our lawyers advise on variation procedures, contractual approvals, valuation and associated claims.
Infrastructure projects may generate disputes concerning construction quality, specifications, warranties and performance standards. Our lawyers assist with contractual claims involving defects and remedial obligations.
Termination of a major project contract can have substantial financial and operational consequences. Our lawyers advise on termination rights, notices, consequences, security, payment and dispute resolution.
SC&A Legal advises project developers, contractors, concessionaires, lenders and authorities on infrastructure related litigation. Disputes may concern contracts, tenders, land, construction, payments, regulatory decisions, project delays and termination.
Arbitration clauses are common in major infrastructure and construction contracts. Our lawyers assist with invocation of arbitration, interim measures, appointment of arbitrators, pleadings, evidence, hearings, awards and enforcement.
Construction disputes involving delay, defects, variations, payment and performance may be referred to arbitration under the relevant contract. Our legal team assists project participants throughout the arbitral process.
Some infrastructure disputes may be suitable for mediation or negotiated settlement. Our lawyers assess the contractual dispute resolution mechanism and commercial circumstances before advising on an appropriate approach.
Early review of contractual notices, project records and entitlement can help parties identify potential disputes before they become formal claims. Our lawyers assist clients with contract administration, notices, claims and negotiation during project execution.
A project may face financial or contractual stress due to delays, cost overruns, funding issues, regulatory changes or disputes. Our lawyers advise project stakeholders on restructuring options, contract amendments, settlement arrangements and creditor considerations.
Long term concession arrangements may require restructuring following material changes in project circumstances. Our lawyers assist with amendments, revised obligations, extensions, termination arrangements and related negotiations.
Project debt may require restructuring where the project’s financial position changes. Our lawyers advise sponsors and lenders on legal documentation, security, amendments and related restructuring arrangements.
Infrastructure projects can involve insolvency issues affecting developers, contractors, concessionaires or suppliers. Our legal practice coordinates project contracts, creditor rights, security interests and insolvency considerations where required.
Investors may participate in infrastructure projects through direct investment, joint ventures, project companies or other structures. Our lawyers assist with transaction documents, due diligence, shareholder arrangements, governance and exit provisions.
Acquisition of an operating infrastructure asset requires legal review of project agreements, concessions, land rights, licences, financing, litigation and regulatory matters. Our lawyers conduct legal due diligence and assist with transaction documentation.
Infrastructure projects frequently involve joint ventures between developers, contractors, investors and strategic partners. Our lawyers advise on joint venture structures, ownership, governance, funding, reserved matters, transfer restrictions and exit rights.
Infrastructure companies and assets may become subject to acquisition or restructuring transactions. Our legal team assists with due diligence, transaction documentation, regulatory matters and project contract considerations.
SC&A Legal advises infrastructure developers, project sponsors, concessionaires, EPC contractors, construction companies, operators, lenders, financial institutions, investors, government entities, public sector undertakings, engineering consultants, technology providers, suppliers, landowners and consortium partners. The practice covers businesses involved in roads, highways, railways, metro systems, airports, ports, power, renewable energy, oil and gas, water, wastewater, urban infrastructure, telecom, data centres, logistics, industrial parks and other major infrastructure projects. The firm also advises international businesses and investors participating in Indian infrastructure projects, including clients requiring coordination between Indian legal advice and foreign counsel.
Our approach begins with understanding the project structure, contractual framework, parties involved and stage of development. For a new project, we examine the proposed structure, procurement route, concession or development arrangement, financing requirements, land position and regulatory framework. For a PPP project, we review the concession structure and allocation of construction, operational, financial and regulatory risks between the public and private participants. For EPC and construction matters, we focus on scope, milestones, payment, variations, performance security, delay, defects, warranties, termination and dispute resolution. For project finance, we examine the relationship between financing documents, project contracts, security and project revenues.
For land matters, we review title, acquisition requirements, possession, development rights, encumbrances and relevant approvals. For project disputes, we analyse the contract, notices, project records, correspondence, delay events, payment records and applicable dispute resolution provisions before assessing the available remedies. For distressed projects, we consider the interaction between project contracts, financing arrangements, creditor rights, restructuring options and insolvency implications. Infrastructure projects require coordination between legal, commercial and technical considerations. Our legal assessment therefore focuses on the contractual framework and the practical circumstances affecting project delivery.
SC&A Legal’s infrastructure and projects practice covers the legal requirements arising from project development, procurement, financing, construction, operation, restructuring and dispute resolution. The practice brings together corporate, commercial, real estate, banking, insolvency, arbitration, litigation and regulatory considerations where an infrastructure matter requires several areas of legal analysis. This is relevant to both private sector participants and public sector stakeholders involved in infrastructure projects and long-term contractual arrangements. The firm’s presence in Delhi and Kolkata supports its work on infrastructure and project matters connected with India. Each project has its own contractual structure, regulatory framework, financing arrangements, land position and risk allocation. Legal advice therefore needs to be assessed against the particular project documents, applicable law and stage of development.