Legal Consultation and Assistance for Build-Operate and Transfer Model

Kuwait has been opening up to accommodate private investment and ownership to drive it towards economic and financial stability. Under the new initiatives, various business models have been utilized by the government such as Build–operate–transfer (BOT) projects, build–own–operate–transfer (BOOT) projects and Public-private partnership (PPP) ventures.

The models were regulated and managed by the BOT law of 2002, but new laws came into effect in 2014 which amended the old BOT laws. The new law was renamed to PPP law and made the rules and regulations easier for businesses, both domestic and international. Under the new PPP law, a private entity can act as the owner of the project or use government-owned properties and resources for the duration of the contract.

Al Naqeeb and Partners offers comprehensive advice and consultation on BOT, BOOT and PPP projects and other ancillary arrangements and schemes. Our consultation covers establishing and rounding off special purpose vehicles (SPVs), the formation of companies and joint ventures (JV).

Our list of clients includes financing bodies, banks, promoters and other stakeholders. We also cover every step in the process including but not limited to tender documents, land utilization rights, patents, and licensing issues.

Our client list also includes international companies who are interested in BOT, BOOT and PPP projects. Foreign companies have to account for certain additional considerations and have to abide by regulations specific to them. For example, a foreign company must approach through a local contractor in case of certain sectors such as oil and gas.

We have helped several foreign clients draft effective tenders and guided them through all the compliance and regulatory issues. Our services start right from the conception and end with successful awarding of the contract.

Engineering, Procurement Construction (EPC)

We represent and assist our clients with drafting and evaluating EPC contracts. Our experienced lawyers are always by the client’s side representing them in various projects. Al Naqeeb and Partners has helped numerous clients who were working on specific projects, contractors, sub-contractors, developers, operators, and leading design and service companies.

Our experienced lawyers assist clients to negotiate EPC contracts and represent them for any dispute that arises through the process. We have helped several clients with effective advice on financing and refinancing transactions, joint venture and related transactions and several other projects.

FIDIC Contracts

The International Federation of Consulting Engineers (FIDIC) has established itself as the leading body for international standards in the engineering and construction industry. The agency has defined Conditions of Contract for the global construction industry which is accepted by all contractors and owners.

FIDIC provides common terms for agreements between different parties involved in the construction industry worldwide. Our firm is experienced in offering full range consultation on all types of FIDIC contracts such as Short Form of Contract, Dredgers Contract, Plant & DB Contract, Construction Contract, DBO Contract and EPC Contract.

Our solutions can be applied on a turnkey basis as they have turned out to be successful and proven for all our clients.