Public and private cooperation in the construction and operation of infrastructures ensures the protection of public interest through private investment. Our administrations would do well in making the most of the possibilities afforded by public and private cooperation.

In recent years the Spanish regulatory framework applicable to the construction, operation and maintenance of infrastructures has undergone a massive makeover as it has come gradually into line with EU legislation. Our Infrastructures Practice can advise infrastructure operators and administrations, assisting them to work out creative solutions that strike a balance between the goals of public authorities and the lawful interests of operators. Specifically, our Infrastructures Team advises on the following core areas:

• Submission of tenders by builders and other operators in response to calls by the public sector.
• Assisting public agencies to draw up tender terms and conditions.
• Advice on the most suitable procedure (open, restricted, negotiated, competitive discussion, direct contracting), according to the contract’s purpose and value and considering funding conditions.
• Amendment of contractual terms and conditions based on a rebalancing of performances, the expansion/reduction of the scope of the agreement, or in the face of unforeseeable risks and other similar circumstances.
• Public and private funding schemes for infrastructures.
• Project finance.
• Application for certification as party qualified to contract with the public sector.
• Establishment of joint ventures to take part in public calls for bids.
• Agreements, consortia and other methods of cooperation with public administrations and enterprises.
• Special appeals, nullity, sua sponte reviews and applications for judicial review in the context of public sector contracting.