Project contracts
"Project" is a term.
It generally involves a multitude of individual measures, which should result in a defined project objective. For instance, a project objective may be constructing a power station, operating it and selling electricity.
Typically, the development and implementation of a project requires the involvement of several companies or persons.
A project may be acquired from a project developer as a finished project or else developed and implemented by the party/parties involved. It is generally necessary to acquire goods and services for implementation of the project externally. One fundamental aspect is the securing of funding for the project with equity capital and/or borrowed capital.
The practical complexity of a project is reflected in the need to conclude appropriate contracts with the greatest variety of participants. This applies both for the companies and private individuals involved internally as sponsors of the project and for external participants.
Even the internal structuring of a project is a highly complex process. The question is generally raised as to who contributes what cash payment, non-cash payment and service, how they are assessed and in what form the services are provided to whom and how this is ensured in order to guarantee project success. It should be clarified in which organisational form the project is to be implemented. A number of configuration possibilities are available depending on the wishes and decision of the participants. Depending on the degree of planned cooperation and the project objective, the foundation of a joint special purpose vehicle may be possible, the conclusion of a joint venture agreement, of a collaboration agreement or even of a shareholding in an existing company.
Externally, the acquisition of a property, the conclusion of general contractor and supply contracts of various kinds as well as the conclusion of supply contracts with future customers may be possible. Funding must be secured through the contribution of equity capital and/or the conclusion of finance agreements.
Overall, a project constitutes a plan with a high degree of advice. The art lies in taking into account the interests of all the project participants in a balanced way and collectively coordinating all contracts with each other so that no inconsistencies arise and project success is ensured.
We have extensive competence here through the monitoring and structuring of a multitude of projects in different industrial sectors. Together with the client and the present advisors, we structure the project plan and draft and negotiate the necessary contracts for implementation of the project.
This includes, for example, the structuring of a project company with the necessary articles of association and partnership agreements as well as the drafting and the negotiation of delivery and supply contracts.
In view of the multitude of potential configuration possibilities that ensue depending on the project, we can show here only an extract from our spectrum of services:
Structuring of
- Project company agreements
- Project partnership agreements
- Project purchase agreements
- Joint venture agreements
- Collaboration agreements
- General contractor and general planner contracts
- Financing agreements
- Delivery and supply contracts as well as licensing agreements
- Property purchase contracts
- Option agreements
- Project structure advice
- Negotiation with contracting partners and authorities