Our engineering, infrastructure projects and procurement offering, in the EMEA, APAC and Americas, where relevant with best-friend informal-alliance partner-firms:
MBC ENGINEERING, INFRASTRUCTURE & PROCUREMENT - 03.2015
1. MBC ENGINEERING,
INFRASTRUCTURE &
PROCUREMENT
Bhalindra Bath works on all engineering (construction/projects/procurement/PFI type) matters at MBC
and has worked on engineering projects since 2007.
Bhalindra worked in-house in charge of the legal counsel and contracts/commercial management teams
in three engineering related organisations (with offices in Norway, the UK, South Africa and Romania)
in the clean-energy space.
Bhalindra has worked on the world’s largest defence PFI to date, the £13Bn Future Strategic Tanker
Aircraft PFI project (“AirTanker”) for UK MoD, for the primary EPC and O&M sub-contractor.
Bhalindra was part of a two person Chambers directory ranked tier-2 projects and construction team.
Bhalindra works on civil, process, chemical, coastal, defence, IT/CleanTech/other “pathfinder”-tech.
projects, energy-related, infrastructure-related, multiple-sector, engineering, projects or procurement
matters from cradle to grave, i.e. on
- Exclusivity agreements, letters of intent, heads of terms;
- Support during permitting phase – due diligence & “in-house counsel”-type legal support;
- Confidentiality agreements, letters of intent, preliminary and full due diligence with equity investors,
funds, PE houses, and other forms of purchaser;
- Co-development agreements (including joint venture agreements and shareholder agreements for
consortiums setting up a project-SPV);
- Financing (DCM, ECM, structured finance support in firm and/or with US partners depending on scale
and geography).
- Due diligence reports;
- Sale agreement (share sale agreement or asset sale agreement) if SPV is to be sold;
- Bespoke Building Contracts – JCT, NEC3, FIDIC, ICE, ENAA, IChemE and MF-Suite.
- Project Agreement or Concession Contracts (with related tender/procurement support and advice);
- Engineering, procurement and construction (“EPC”) agreement;
- Plant Supply Agreement (“PSA” or “Plant Supply Contract”/ “PSC”);
- Operation and maintenance (“O&M”) agreement;
2. - Offtake and subsidy agreements, including subsidy arrangements (PPAs);
- Connection documents (distributed network operator (DNO) connection offer and agreement);
- EPCM agreement (EPC management agreement for employer’s agent);
- EPC-/O&M-sub-contracts, collateral warranties, bonds, guarantees, standbys/letters of credit, vesting
certificates, consultant appointments (e.g. ACE/RIBA), supply of services and goods
agreements/framework agreements with large kit suppliers (e.g. turbines) (all, if so instructed on a
relevant transaction);
- Dispute resolution (negotiation through to MBC-Disputes-Team running from mediation to
litigation/arbitration/adjudication);
- Defect-rectification measures/user guides (on-going project lifecycle advice); and,
- Planning appeals (MBC planning team/MBC-Disputes-Team, who have judicial review experience at
High Court).