Industrial construction and infrastructure projects

The provision of legal support for the construction of industrial and infrastructure facilities is one of the firm’s core specializations. All of our attorneys have years of consulting experience in this field, including the drafting of ЕРС-, ЕРСМ- and PMC-contracts.

We’ve handled projects involving the construction of more than 100 facilities in Russia and the CIS, Europe, and Asia, each valued at EUR 10 mln – 12 bln, in such fields as electric power, the atomic industry, gas production and refining, oil refining and the petrochemical industry, microelectronics and nanotechnology, metallurgy, the food-processing industry, mining, and civil construction.

The firm’s expertise in the construction of energy infrastructure has been noted by all of the leading rankings – The Legal 500, Chambers, IFLR 1000.

As the firm’s clients note: “Ost Legal offers an outstanding level of service. Vladimir Lipavsky is known for his deep knowledge of the industry and capacity to provide world-class legal services.” (The Legal 500). “Vladimir Lipavsky has de facto set the standard for EPC contracts envisioning the construction of power plants in Russia” (IFLR1000).

Key
clients

Services

Drafting of tender documentation, construction contracts (including ЕРС, ЕРСМ), design contracts, equipment supply contracts, insurance contracts, contracts with the customer’s engineer, etc.

PROJECT

Consulting (including preparation of the draft ЕРС contract) Alternative Generating Company – 1 LLC in connection with the construction of a waste-incineration – power-generating plant.

PROJECT

Preparing the draft and leading negotiations on the conclusion of an ЕРС(М) contract for the construction of a plant for the production of continuous basalt fiber for Basalt Projects LLC.

PROJECT

Consulting NovaWind JSC (a Rosatom Group company), including preparing contract drafts and leading negotiations, in connection with the conclusion of a set of contracts (design, construction, supply) for the construction of a windfarm for the 150 MW Adygean WPP.

PROJECT

Consulting Oil & Gas Industry – Management LLC (AFIPKA NPZ), including drafting a set of contracts, in connection with the conclusion of an EPC contract with a foreign contractor for the construction of a hydrocracking unit at AFIPKA NPZ.

PROJECT

Consulting Rusatom Overseas JSC in connection with the conclusion of an ЕРС-contract valued at over EUR 12 bln for the construction of two generating units at the PAKS II NPP in Hungary.

PROJECT

Consulting TNK-BP (now – part of Rosneft PJSC) in connection with the construction of a massive integrated gas-treatment facility (the “Rospan” project, valued at roughly USD 2 bln), including drafting contractual documentation – an EPC Open Book contract for subsequent conversion into an EPC Lumpsum contract, supply and design contracts, and conducting negotiations with the leading international EPC-contractors.

PROJECT

Consulting and drafting EPC contracts for construction of the Bobrovsky and Don Syrtovsky integrated gas-treatment facilities for TNK-BP.

PROJECT

Drafting a set of model contracts (EPC, EPCM, construction per the customer’s design, supply contract, DSW contract, etc.) and providing recommendations on their application for Inter RAO UES JSC.

PROJECT

Consulting KTK Ivregionsintez OJSC in connection with the construction of a chemical plant for polymer production (at a cost of roughly EUR 300 mln), including preparing draft DSW, EPC and supply contracts and conducting negotiations with the respective contractors and main equipment suppliers.

PROJECT

Consulting the customer and drafting contractual documentation (an EPC contract based on the FIDIC Silver Book) for a project involving construction of the phase-one, 260 MW “Molzhaninovka” GTPP (CCGT).

PROJECT

Consulting M+W Group, an international contractor headquartered in Germany, in connection with the implementation of a series of major high-tech construction projects (including Mikron and Angstrem) in the field of microelectronics and nanotechnology based on EPC Open Book and EPC(M) contracts.

PROJECT

  • Consulting Uzbekenergo SJSC in connection with the conclusion of an EPC contract for the construction of a combined-cycle power unit at the Navoi TPP (Uzbekistan) with a consortium of Spanish and Turkish contractors.

PROJECT

Consulting Sibur–Holding OJSC and compiling a library of model contractual documentation (including an ECP(M) contract) in connection with the construction of petrochemical production facilities.

PROJECT

Consulting the “Intertechelectro – New Generation” Group in connection with construction of the 220 MW Kurgansk TPP-2 and Noyabrsk CCPP – standalone power plants built with the attraction of project and export financing. Ost Legal’s services included the drafting of EPC-contracts and legal opinions and consulting on issues related to project financing.

PROJECT

Consulting OGK-5 OJSC in connection with projects envisioning the construction of 450 MW CCGT units at the Sredneuralsk and Nevinnomyssk SDPPs, including drafting of the respective ЕРС and ЕРСМ contracts and participation in the negotiations.

PROJECT

Drafting the rough terms of EPC and EPC(M) contracts, as well as recommendations on the holding of tenders for a RAO UES OJSC procurement.

PROJECT

Drafting an ЕРС-contract for construction of the Zagorsk PSPP-2 for RusHydro PJSC.

PROJECT

Preparing draft construction and equipment-supply contracts for the construction by Dalenergomost LLC of a backbone power line in the Chukotka Autonomous Okrug.

Participation in negotiations and reaching agreement on contractual terms with counterparties, handling of contract closing procedures

PROJECT

Consulting NovaWind JSC (a Rosatom Group company), including preparing contract drafts and leading negotiations, in connection with the conclusion of a set of contracts (design, construction, supply) for the construction of a windfarm for the 150 MW Adygean WPP.

PROJECT

Consulting Oil & Gas Industry – Management LLC (AFIPKA NPZ), including drafting a set of contracts, in connection with the conclusion of an EPC contract with a foreign contractor for the construction of a hydrocracking unit at AFIPKA NPZ.

PROJECT

Consulting Rusatom Energy International JSC in connection with construction of the Hanhikivi NPP in Finland.

PROJECT

Consulting E.ON (now – Unipro PJSC) in the course of implementation of a project involving the construction of an 800 MW generating unit at the Berezovskaya SDPP, as well as four 400 MW generating units (Shatura SDPP, Yaivinskaya SDPP, Surgut SDPP), at both the negotiation and implementation stages.

PROJECT

Consulting Gazpromenergoholding LLC in connection with the construction of a number of generating units, including drafting the respective contractual documentation and leading the negotiations.

PROJECT

Consulting Nizhnevartovsk SDPP JSC in the course of implementation of a project envisioning the construction of a 400 MW generating unit, at both the negotiation and implementation stages.

PROJECT

Consulting KTK Ivregionsintez OJSC in connection with the construction of a chemical plant for polymer production (at a cost of roughly EUR 300 mln), including preparing draft DSW, EPC and supply contracts and conducting negotiations with the respective contractors and main equipment suppliers.

PROJECT

Consulting Stroytransgaz OJSC in connection with the construction of two stadiums in the run-up to the 2018 FIFA World Cup.

PROJECT

Consulting Quartz – New Technologies, the contractor, during the implementation of a project involving the construction of two 600 MW generating units at the Troitskaya SDPP.

PROJECT

Consulting the Chinese company Amur–Sirius, a contractor and equipment supplier, in connection with the construction of a 600 MW generating unit at the Ekibastuz SDPP (Kazakhstan).

PROJECT

Consulting Uzbekenergo SJSC in connection with the conclusion of an EPC contract for the construction of a combined-cycle power unit at the Navoi TPP (Uzbekistan) with a consortium of Spanish and Turkish contractors.

PROJECT

Consulting Pava OJSC in connection with construction of the Rebrikhinsky grain mill (including drafting the respective contractual documentation).

PROJECT

Consulting Chalic Group, a Turkish contractor, in connection with the construction of a chain of gas stations.

PROJECT

Consulting Quartz Engineering Company OJSC, the contractor, in connection with the construction of generating units at the Tyumen TPP-1 and Nizhnevartovsk SDPP.

Provision of legal support for construction projects in the course of their implementation (Project Legal Support)

PROJECT

Consulting NovaWind JSC (a Rosatom Group company), including preparing contract drafts and leading negotiations, in connection with the conclusion of a set of contracts (design, construction, supply) for the construction of a windfarm for the 150 MW Adygean WPP.

PROJECT

Consulting Oil & Gas Industry – Management LLC (AFIPKA NPZ), including drafting a set of contracts, in connection with the conclusion of an EPC contract with a foreign contractor for the construction of a hydrocracking unit at AFIPKA NPZ.

PROJECT

Consulting Rusatom Energy International JSC in connection with construction of the Hanhikivi NPP in Finland.

PROJECT

Consulting E.ON (now – Unipro PJSC) in the course of implementation of a project involving the construction of an 800 MW generating unit at the Berezovskaya SDPP, as well as four 400 MW generating units (Shatura SDPP, Yaivinskaya SDPP, Surgut SDPP), at both the negotiation and implementation stages.

PROJECT

Consulting Gazpromenergoholding LLC in connection with the construction of a number of generating units, including drafting the respective contractual documentation and leading the negotiations.

PROJECT

Consulting Nizhnevartovsk SDPP JSC in the course of implementation of a project envisioning the construction of a 400 MW generating unit, at both the negotiation and implementation stages.

PROJECT

Consulting KTK Ivregionsintez OJSC in connection with the construction of a chemical plant for polymer production (at a cost of roughly EUR 300 mln), including preparing draft DSW, EPC and supply contracts and conducting negotiations with the respective contractors and main equipment suppliers.

PROJECT

Consulting Stroytransgaz OJSC in connection with the construction of two stadiums in the run-up to the 2018 FIFA World Cup.

PROJECT

Consulting Quartz – New Technologies, the contractor, during the implementation of a project involving the construction of two 600 MW generating units at the Troitskaya SDPP.

PROJECT

Consulting the Chinese company Amur–Sirius, a contractor and equipment supplier, in connection with the construction of a 600 MW generating unit at the Ekibastuz SDPP (Kazakhstan).

PROJECT

Consulting Uzbekenergo SJSC in connection with the conclusion of an EPC contract for the construction of a combined-cycle power unit at the Navoi TPP (Uzbekistan) with a consortium of Spanish and Turkish contractors.

PROJECT

Consulting Pava OJSC in connection with construction of the Rebrikhinsky grain mill (including drafting the respective contractual documentation).

PROJECT

Consulting Chalic Group, a Turkish contractor, in connection with the construction of a chain of gas stations.

PROJECT

Consulting Quartz Engineering Company OJSC, the contractor, in connection with the construction of generating units at the Tyumen TPP-1 and Nizhnevartovsk SDPP.

Due diligence review of construction contracts and equipment-supply contracts

PROJECT

Consulting NovaWind JSC (a Rosatom Group company), including preparing contract drafts and leading negotiations, in connection with the conclusion of a set of contracts (design, construction, supply) for the construction of a windfarm for the 150 MW Adygean WPP.

PROJECT

Consulting Oil & Gas Industry – Management LLC (AFIPKA NPZ), including drafting a set of contracts, in connection with the conclusion of an EPC contract with a foreign contractor for the construction of a hydrocracking unit at AFIPKA NPZ.

PROJECT

Consulting Rusatom Energy International JSC in connection with construction of the Hanhikivi NPP in Finland.

PROJECT

Consulting E.ON (now – Unipro PJSC) in the course of implementation of a project involving the construction of an 800 MW generating unit at the Berezovskaya SDPP, as well as four 400 MW generating units (Shatura SDPP, Yaivinskaya SDPP, Surgut SDPP), at both the negotiation and implementation stages.

PROJECT

Consulting Gazpromenergoholding LLC in connection with the construction of a number of generating units, including drafting the respective contractual documentation and leading the negotiations.

PROJECT

Consulting Nizhnevartovsk SDPP JSC in the course of implementation of a project envisioning the construction of a 400 MW generating unit, at both the negotiation and implementation stages.

PROJECT

Consulting KTK Ivregionsintez OJSC in connection with the construction of a chemical plant for polymer production (at a cost of roughly EUR 300 mln), including preparing draft DSW, EPC and supply contracts and conducting negotiations with the respective contractors and main equipment suppliers.

PROJECT

Consulting Stroytransgaz OJSC in connection with the construction of two stadiums in the run-up to the 2018 FIFA World Cup.

PROJECT

Consulting Quartz – New Technologies, the contractor, during the implementation of a project involving the construction of two 600 MW generating units at the Troitskaya SDPP.

PROJECT

Consulting the Chinese company Amur–Sirius, a contractor and equipment supplier, in connection with the construction of a 600 MW generating unit at the Ekibastuz SDPP (Kazakhstan).

PROJECT

Consulting Uzbekenergo SJSC in connection with the conclusion of an EPC contract for the construction of a combined-cycle power unit at the Navoi TPP (Uzbekistan) with a consortium of Spanish and Turkish contractors.

PROJECT

Consulting Pava OJSC in connection with construction of the Rebrikhinsky grain mill (including drafting the respective contractual documentation).

PROJECT

Consulting Chalic Group, a Turkish contractor, in connection with the construction of a chain of gas stations.

PROJECT

Consulting Quartz Engineering Company OJSC, the contractor, in connection with the construction of generating units at the Tyumen TPP-1 and Nizhnevartovsk SDPP.

Legal audit of investment projects

PROJECT

Legal audit of the concession agreement between the Russian Federation and various structures of the Kurchatov Institute

Client consultation and representation under the resolution of disputes – including participation in litigation and international commercial arbitration

PROJECT

Consulting Power Machines PJSC – assessing the prospects of litigation associated with disputes over hundreds of millions of U.S. dollars in connection with the implementation of construction projects for the Barh and Sipat TPPs (India) and Long Phu TPP (Vietnam).

PROJECT

Successfully representing the interests of a major oil-refining contractor in litigation prompted by a claim filed by the subcontractor seeking the recovery of debt under the respective service contract in an amount in excess of RUB 600 mln.

PROJECT

Successfully representing the interests of a leading oil-refining contractor in a spate of litigation with the customer (an oil major) in different regions across the country seeking the recovery of penalties and the application of other liability sanctions running into the billions of rubles in connection with the delayed completion of construction projects.

PROJECT

Successfully representing the interests of a generating company forming part of the Inter RAO UES JSC Group at the Court of Arbitration for the Resolution of Economic Disputes at the RF Chamber of Commerce and Industry within the scope of the consideration of a claim against the general contractor seeking application of the liability sanctions envisioned by the respective EPC contract in a total amount of over RUB 1.7 bln.

PROJECT

Successfully representing the interests of a generating company – the customer – at the Court of Arbitration for the Resolution of Economic Disputes at the RF Chamber of Commerce and Industry within the scope of the consideration of a claim against the bank in connection with non-performance of its bank guarantee in an amount of more than RUB 600 mln.

PROJECT

Successfully representing the interests of the German-Austrian M+W Group (Exyte), acting as the contractor, in a construction dispute with the Russian customer seeking the recovery of a penalty based on the respective EPC(M) contract in a total amount of more than RUB 1 bln.

PROJECT

Consulting the German-Austrian company M+W Group (now – Exyte) in the course of the termination of an ЕРС-contract for the construction of a plant for the production of integrated-microcircuit substrate, and subsequent consulting during consideration of the dispute under arbitration according to the rules of the Arbitration Institute of the Stockholm Chamber of Commerce, which resulted in an amicable settlement. The total claim amount exceeded EUR 40 mln.

PROJECT

Consulting Inter RAO UES – evaluating the prospects of litigating claims against its contractors in connection with a delay in the implementation of construction projects for the Kharanorskaya SDPP, Nizhnevartovsk SDPP, Cherepetskaya SDPP and Yuzhnouralskaya SDPP.

PROJECT

Representing the interests of Energostroi Group LLC, the subcontractor, in a claim against the general contractor seeking the recovery of the cost of engineering services following early termination of the contract. Total claim amount – over RUB 100 mln.

PROJECT

Successfully representing the interests of the contractor in commercial court in a claim brought by FGC UES seeking the recovery of a penalty under a contract for design work. Total claim amount – over RUB 50 mln.

PROJECT

Consulting E.ON Russia OJSC in the course of the pre-litigation settlement of claims in a total amount of over USD 20 mln with its EPC-contractors under the construction of generating units at the Shatura SDPP and Surgut SDPP-1.

PROJECT

Consulting Remenergomontazh LLC, the contractor, in connection with procedures for termination of the general contracting agreement for the construction of a generating unit at Krasnoyarsk TPP-3.

PROJECT

Consulting OGK-5 OJSC – the customer – in connection with termination of the ЕРС contract and presentation of the respective bank guarantee for payment.

PROJECT

Consulting Quartz – New Technologies CJSC, the contractor, in connection with the settlement of a dispute involving the performance of a general contracting agreement for two coal-based generating units at the Troitskaya SDPP.

PROJECT

Consulting and representing the interests of the general contractor in the commercial courts in the course of the settlement of damages (including disputes with the insurance provider) in connection with serious technological incidents at the Nizhnevartovsk SDPP.

PROJECT

Representing the interests of the general contractor in litigation over the recovery from the subcontractor of damages caused by the combustion of expensive technological equipment transferred to the subcontractor for installation.

Industrial construction, infrastructure projects: transactional experience

PROJECT

Consulting (including preparation of the draft ЕРС contract) Alternative Generating Company – 1 LLC in connection with the construction of a waste-incineration – power-generating plant.

PROJECT

Preparing the draft and leading negotiations on the conclusion of an ЕРС(М) contract for the construction of a plant for the production of continuous basalt fiber for Basalt Projects LLC.

PROJECT

Consulting NovaWind JSC (a Rosatom Group company), including preparing contract drafts and leading negotiations, in connection with the conclusion of a set of contracts (design, construction, supply) for the construction of a windfarm for the 150 MW Adygean WPP.

PROJECT

Consulting Oil & Gas Industry – Management LLC (AFIPKA NPZ), including drafting a set of contracts, in connection with the conclusion of an EPC contract with a foreign contractor for the construction of a hydrocracking unit at AFIPKA NPZ.

PROJECT

Consulting Rusatom Energy International JSC in connection with construction of the Hanhikivi NPP in Finland.

PROJECT

Consulting Rusatom Overseas JSC in connection with the conclusion of an ЕРС-contract valued at over EUR 12 bln for the construction of two generating units at the PAKS II NPP in Hungary.

PROJECT

Consulting E.ON (now – Unipro PJSC) in the course of implementation of a project involving the construction of an 800 MW generating unit at the Berezovskaya SDPP, as well as four 400 MW generating units (Shatura SDPP, Yaivinskaya SDPP, Surgut SDPP), at both the negotiation and implementation stages.

PROJECT

Consulting Gazpromenergoholding LLC in connection with the construction of a number of generating units, including drafting the respective contractual documentation and leading the negotiations.

PROJECT

Consulting TNK-BP (now – part of Rosneft PJSC) in connection with the construction of a massive integrated gas-treatment facility (the “Rospan” project, valued at roughly USD 2 bln), including drafting contractual documentation – an EPC Open Book contract for subsequent conversion into an EPC Lumpsum contract, supply and design contracts, and conducting negotiations with the leading international EPC-contractors.

PROJECT

Consulting Nizhnevartovsk SDPP JSC in the course of implementation of a project envisioning the construction of a 400 MW generating unit, at both the negotiation and implementation stages.

PROJECT

Consulting and drafting EPC contracts for construction of the Bobrovsky and Don Syrtovsky integrated gas-treatment facilities for TNK-BP.

PROJECT

Drafting a set of model contracts (EPC, EPCM, construction per the customer’s design, supply contract, DSW contract, etc.) and providing recommendations on their application for Inter RAO UES JSC.

PROJECT

Consulting KTK Ivregionsintez OJSC in connection with the construction of a chemical plant for polymer production (at a cost of roughly EUR 300 mln), including preparing draft DSW, EPC and supply contracts and conducting negotiations with the respective contractors and main equipment suppliers.

PROJECT

Consulting Stroytransgaz OJSC in connection with the construction of two stadiums in the run-up to the 2018 FIFA World Cup.

PROJECT

Consulting the customer and drafting contractual documentation (an EPC contract based on the FIDIC Silver Book) for a project involving construction of the phase-one, 260 MW “Molzhaninovka” GTPP (CCGT).

PROJECT

Consulting M+W Group, an international contractor headquartered in Germany, in connection with the implementation of a series of major high-tech construction projects (including Mikron and Angstrem) in the field of microelectronics and nanotechnology based on EPC Open Book and EPC(M) contracts.

PROJECT

Consulting Quartz – New Technologies, the contractor, during the implementation of a project involving the construction of two 600 MW generating units at the Troitskaya SDPP.

PROJECT

Consulting the Chinese company Amur–Sirius, a contractor and equipment supplier, in connection with the construction of a 600 MW generating unit at the Ekibastuz SDPP (Kazakhstan).

PROJECT

Consulting Uzbekenergo SJSC in connection with the conclusion of an EPC contract for the construction of a combined-cycle power unit at the Navoi TPP (Uzbekistan) with a consortium of Spanish and Turkish contractors.

PROJECT

Consulting Pava OJSC in connection with construction of the Rebrikhinsky grain mill (including drafting the respective contractual documentation).

PROJECT

Consulting Chalic Group, a Turkish contractor, in connection with the construction of a chain of gas stations.

PROJECT

Consulting Sibur–Holding OJSC and compiling a library of model contractual documentation (including an ECP(M) contract) in connection with the construction of petrochemical production facilities.

PROJECT

Consulting the “Intertechelectro – New Generation” Group in connection with construction of the 220 MW Kurgansk TPP-2 and Noyabrsk CCPP – standalone power plants built with the attraction of project and export financing. Ost Legal’s services included the drafting of EPC-contracts and legal opinions and consulting on issues related to project financing.

PROJECT

Consulting OGK-3 OJSC and drafting contractual documentation (EPC contracts, contract with the customer’s engineer) in connection with projects for the construction of new generating units at the Kharanorskaya, Cherepetskaya, Yuzhnouralskaya and Gusinoozyorskaya SDPPs.

PROJECT

Consulting OGK-5 OJSC in connection with projects envisioning the construction of 450 MW CCGT units at the Sredneuralsk and Nevinnomyssk SDPPs, including drafting the respective ЕРС and ЕРСМ contracts and participating in the negotiations.

PROJECT

Consulting TGK-5 OJSC with respect to projects involving the construction of new generating capacities at three TGK-5 OJSC power plants in Kirov and Izhevsk (including preparing and agreeing the draft contracts, as well as the respective tender documentation).

PROJECT

Drafting the rough terms of EPC and EPC(M) contracts, as well as recommendations on the holding of tenders for a RAO UES OJSC procurement.

PROJECT

Drafting an ЕРС-contract for construction of the Zagorsk PSPP-2 for RusHydro PJSC.

PROJECT

Consulting Quartz Engineering Company OJSC, the contractor, in connection with the construction of generating units at the Tyumen TPP-1 and Nizhnevartovsk SDPP.

Key
contacts

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