Major projects begin long before the first piece of equipment reaches the site. In infrastructure law, every decision made during the planning phase can affect the project’s success for years. TAGD Advogados therefore supports clients from the negotiation of the contracts that make the project possible and continues to provide legal contract management throughout construction. We advise on concessions, public-private partnerships, EPC contracts, public tenders and financing, always with a focus on preventing risk and protecting the investment. We closely monitor dispute boards, an increasingly common feature of major contracts, to resolve disagreements before they develop into costly and protracted disputes. If a dispute does arise, we defend our clients’ interests with resolve, technical expertise and experience, whether in arbitration or before the courts. Our commitment is to provide legal certainty at every stage, allowing you to focus on what matters most: bringing the project to fruition and delivering it on a sound footing. Rely on a team that understands the sector’s complexity.

Q: What is infrastructure law?

A: It is the field of law that structures and protects major projects such as highways, ports, energy, and water and sanitation, bringing together rules on contracts, public tenders, concessions and regulation to provide legal certainty for the investment.

Q: What are dispute boards in infrastructure projects?

A: They are panels of independent experts that monitor the project and help resolve disagreements during contract performance, preventing minor conflicts from developing into lengthy and costly disputes.

Q: What is the difference between a concession and a PPP?

A: Under an ordinary concession (Law No. 8.987/1995), users pay for the service through tariffs. Under a PPP (Law No. 11.079/2004), the government pays all or part of the private partner’s remuneration, either in full or as a supplement to tariff revenue.

Q: Does TAGD handle infrastructure disputes in arbitration?

A: Yes. We represent clients’ interests both in arbitration and before the courts, while also acting preventively before dispute boards to resolve disagreements during construction.

Q: What is the restoration of a contract’s economic and financial balance?

A: It is the mechanism that restores the contract’s original economic and financial balance when unforeseeable events alter costs or revenues, such as regulatory changes or extraordinary events. It ensures that neither party is disproportionately disadvantaged.

Q: Why do infrastructure projects require specialized legal counsel?

A: Because they involve complex contracts, extensive regulation, financing, permits and multiple public- and private-sector participants, increasing the need for coordinated legal advice.

Q: At which stages of a project can TAGD provide assistance?

A: From initial structuring, public tenders, concessions and contracts through performance, restoration of the economic and financial balance, disputes and project closeout.

Q: What role does infrastructure law play in concessions and PPPs?

A: It structures the relationship between the government and the private sector and defines the risk-allocation matrix, responsibilities and dispute-resolution mechanisms throughout the contract term.