In the area of public private partnerships (PPP), Kruhl von Strenge is one of Germany’s leading firms. We are frequently involved in major projects and pilot projects in the area of PPP. Our clients include some of Europe’s and the world’s largest construction companies, as well as authorities, public enterprises and infrastructure funds.
We continuously advise on PPP projects related to roadways, particularly federal motorways, as well as on state and county roads, tunnels and bridges. Additionally, we have intensive consulting experience in PPP models in the area of trade fairs and convention centres, harbours, broadband cable and superstructures (schools, hospitals, other public buildings).
We advise on all legal areas relevant for PPP projects, particularly project contracts, public procurement law, public law and financing.
We provide comprehensive advice on public procurement law for PPP projects. In line with our tenderer consulting services we review bidding documents and develop tenderer questions. We further review requests to participate, indicative offers and the BAFO for compliance with the public procurement law. We advise public authorities in drawing up the bidding documents for the individual stages of the negotiated procedure. We further review the requests to participate as well as the tenders and support our clients in all other matters related to public procurement law, such as answering questions from tenderers and drawing up reports. We further provide advice in drawing up and reviewing public procurement law complaints and where necessary represent our clients in procurement review proceedings.
Kruhl von Strenge constantly advises on PPP project contracts. In context of our tenderer consulting services this includes analysing project risks and funding obstacles, submitting tenderer questions, drafting demand for negotiation, negotiating the contract and support with the financial close. We further support our clients in drafting the project information memorandum (PIM) and in the context of the due diligence of the financing banks. Apart from this, we also advise on other contracts related to PPP projects, such as direct contracts and subcontractor contracts, including reviewing whether the general contractor contract is 'back to back' with the project contract. In context of our consulting services for public authorities we draw up project contracts and coordinate these with the parties involved on the public end. We negotiate the project contracts with the tenderers and support our clients with the financial close.
Kruhl von Strenge is experienced in all financing structures practised for PPP projects, including project financing, forfeiting models and other financing with terms similar to local authority loans.
Apart from advising public authorities and tenderers on financing matters, our focus in this area is on advising banks and other investors of PPP projects, such as reviewing the project contracts in the course of the due diligence or on public procurement law.
Kruhl von Strenge is constantly advising on the implementation of PPP project contracts. Our clients for instance include project companies for so called “A-models” and “F-models” (federal motorway and toll road projects) as well as for state road projects. For instances, we advise on the interpretation of project contracts, subcontractor contracts, on public law matters as well as in connection with negotiations with the public project partner, banks or subcontractors.
Another focus of Kruhl von Strenge is transactions related to PPP, such as selling shares in PPP project companies or of credit tranches. With these types of transactions, the focus of legal counsel is regularly on reviewing the PPP contracts and their risk structure. Here we can apply our years of extensive practical experience with PPP projects to benefit our clients.
We advise public authorities on the structuring of PPP projects. Here we determine the bases under European and public law and review how to achieve the objectives of the public authorities optimally against this background. We coordinate the contractual risk distribution, public procurement law structure and the most suitable form of financing (project financing or financing with terms similar to local authority loans) with the public stakeholders in the project. In the process we routinely work closely with the technical and economic advisors of the principal. If needed, we conduct Europe-wide market consultation or expression of interest processes for our clients.