Infrastructure, energy and projects

Engoru, Mutebi is noted for its market leading projects, infrastructure and energy practice were it regularly acts for major entities across all areas of the energy industry, upstream projects, Greenfield and brownfield projects, public private partnerships, renewable projects. Our projects and infrastructure team collaborates with the environmental and land departments within the firm to provide holistic advice to our clients.

We possess local knowledge required to support clients in the sector to identify, analyse, negotiate and document legal and financing structures for the development, financing, acquisition, delivery, commissioning and operation of infrastructure projects.

We have advised on a number of projects in the energy, mining, transport and construction sectors. Our projects and infrastructure team has a detailed knowledge and understanding of the local regulatory environment in the key areas of legal and regulatory compliance, parliamentary and administrative approvals, environment and safety, licensing and permitting, procurement considerations, land rights and land use, land acquisition and compensation, insolvency and taking of security, government guarantees, foreign exchange and profit repatriation, taxation, choice of law and forum, sovereign immunity, enforceability of foreign civil and arbitral awards in Uganda and labour law constraints.

Our areas of specialization in this field cover:

1. Project Finance
2. Energy Company and Project M&A
3. Tax planning in relation to infrastructure project financing
4. Project, Infrastructure and Energy Regulatory, Licensing and Permitting
5. Restructuring and deregulation
6. Planning, development, environmental and regulatory
7. Procurement, competition law, employment, law, property/real estate law, social investment policies, governing and dispute resolution and health and safety
8. Negotiating project specific documents including concession agreements under public – private partnerships, power purchase agreements, O & M contracts, EPC contracts, interface contracts, licensing agreements, distribution/transmission agreements
9. Acquisition and disposal of assets and entities
10. Advising on the financing and refinancing of projects consisting of the negotiation of all financing agreements including security structures and instruments, and carbon trading matters.

RECENT TRANSACTIONS

• Acting for Tritente Global Energy Group on its proposed development of a 100MW solar IPP project in Uganda including negotiating with the Uganda Electricity Generation Company in respect of the proposed Power Purchase Agreements and associated agreements.
• Advising a project sponsor of 100MW Geothermal power project on its development including all negotiations with Uganda Electricity Transmission Company, Uganda Electricity Generation Company, Electricity Regulatory Authority in respect of the Power Purchase Agreement, Generation License and associated project and finance agreements.
• Advised Mahathi Infra Services PVT Limited on the development of transportation routes for petroleum products by way of barges over lake Victoria
• Advised aleading French concessions and construction company on the legal and regulatory aspects pertinent to the development of the 78KM Kampala – Jinja Expressway PPP project
• Advising a Chinese consortium on the entire tender process for the 78KM US$ 1.1BN Kampala – Jinja Expressway PPP Project including negotiations with the UNRA, reviewing the proposed PPP Agreement, the O&M contracts, financing documents, advising on regulatory and land matters, corporate and shareholder matters relating to the project company.
• Advised Sindila Hydropower Company on the environmental and resultant disputes that arose during the development of the Sindila 1 and Sindila 2 Hydro power projects.
• Acting for Lagan Civil works and Construction Company on the development and project financing aspects of the proposed construction of US$ 144,000,000.00 Contractor facilitated road development project.
• Acting for a consortium comprised of a leading multi-national utility company which operates largely in the water treatment and waste treatment and an international civil construction, public works, port operations, waste, water and logistics company on its pre - contractual arrangement and tender preparation for the proposed Waste Management PPP under the auspices of the city municipal authority.