We act for the various parties involved in the construction process including the property owners, the developer, contractors, sub-contractors, consultants like architect and engineers, quantity surveyors, project managers, investors, financiers as well as insurers.
The broad portfolio of our legal team ensures that we are able to provide you with a wide range of legal services that you may require, or that may arise, in a construction project. Our wide-range of legal knowledge allows us to employ our skill and proficiency in numerous legal spheres. These include, but is not limited to;
- Advising on construction projects procurement strategies (for private players) and on regulated procurement under the Public Procurement and Disposal of Public Act, the Public Private Partnerships Act under various statutes like the Civil Aviation Act as well as handling any reviews or disputes arising therefrom
- Procuring and obtaining the requisite development, planning and environmental approvals and permits, and advising on such
- Construction contracting including the drafting, review, negotiations and advising on standard form contract such as the Institution of Surveyors of Uganda (ISU) and the International Federation of Consulting Engineers (FIDIC) Conditions of Contract as well as bespoke contracts and sub-contracts including general contract management.
- Advisory to the various consultants involved in the construction industry (e.g., architects, engineering, quantity surveyors, clerk of works and project managers) on the drafting, review, negotiations on the letter of appointment or contract of engagement.
- Public construction law advisory including legal support when procuring development and environmental permits, licences and approvals and when dealing with zoning regulations including change of users or extension of leasehold tenures, compliance with environmental regulations.
- Construction financing and funding strategies advisory including PPPs, joint ventures, private equity finance as well as public finance fund raising.
- Employment and labour relations matters, tax and intellectual property (IP) issues;
- Insurance cover including contracts negotiation and disputes settlement;
- Land law including advising on land acquisition in relation to construction projects;
- Advising on Occupational Health and Safety (OHS) regulations as well as conducting general legal compliance checks or audits in relation to construction projects;
- Disputes & Claims Settlement including advising and handling all forms of disputes and claims settlement related to construction proj- ects including litigation, arbitration, conciliation and mediation.
Our practice is structured in following practice areas: –
- Construction Law Advisory – This include dealing with all legal matters relating to construction and infrastructure development from projects conception, implementation and operationalization phases to handling of any legal challenges or disputes that may arise therefrom.
- Public Procurement & PPPs – This cover public funded projects that are governed by the Public Procurement and Disposal of Public Assets Act, the Public Private Partnership Act and other such regimes. We offer legal advisory and consultancy to bidders during the procurement stage as well as help the winning bidders in the negotiations and contracting
- Environmental and Planning Laws Advisory – We advise all aspect of land planning, environmental law compliance, water and waste management issues as well as on zoning and planning. We have handled matters related to road and bridge constructions, airports, residential development as well as commercial developments like malls and office blocks.We have huge experience on property law matters including land sales or acquisitions, real estate joint venture agreements, preparation of property leases or licences, preparation of concessionaire agreements as well as on land planning matters like applications for change of user or extension of leaseholds titles.We also regularly advise clients on tax matters related to real estate development or construction projects and related transactions.
- Infrastructure projects – CM Advocates Uganda provides integrated legal support and solutions covering all areas of an infrastructure development project (be it airport, road, rail, port etc.), from the inception of a project, continuing through award of the project, financial close, design, investment, construction, operation and intergrated.
We have a top tier dedicated team of lawyers and other professionals available to provide advice on all aspects and who are able to pool their experience and know-how as well as requisite resources to meet the project goals of a client. In addition to helping our clients manage risks through our strong understanding of regulatory issues, we also work with other teams at CM Advocates Uganda, including the real estate, environmental and planning laws, corporate/ commercial, tax, banking and finance, competition law and dispute resolution teams to ensure that the advice that we offer relation to infrastructure projects is relevant, comprehensive and integrated.
In every project, we always help our clients to have a full appreciation of the relevant regulatory environment and to clearly identify, manage, minimize and allocate associated risks. We also advise project companies, sponsors, strategic investors and funds in shareholding and financing issues.
We also advise project companies, sponsors, strategic investors and funds in shareholding and financing issues.
Thereafter, we are able to incorporate our expertise in offering initial advice, undertaking due diligence exercises, drafting and negotiating relevant contract documentation including, inter alia, design consultancy, construction, civil engineering, equipment supply and O&M contracts.
Our unique selling points are that we offer: –
- Deep knowledge of the infrastructure sector from an investor, lender, sponsor, contractor or government perspective;
- Full commitment and immediate partner availability along with a highly experienced core team of lawyers from the relevant practice unit(s);
- A committed team which will give the transaction its highest priority;
- A commercial and pragmatic approach
The following briefly capture the entire gamut of services offered by CM Advocates LLP and its associates to clients in the infrastructure space:
- Compliance with all applicable laws such as project specific regulations, investment laws, procurement law, company law, taxes, developmental regulations, environmental regulations, labour, corporate, exchange control and other commercial
- Due Diligence reviews and project health checks, covering transactional, financial, environmental, tax and compliance related issues;
- Tax efficient structures to identify tax exposures and optimal tax structuring;
- Transactional documentation. Our experience is varied and includes the drafting, review and negotiation of: bidding documents; Concession Agreements, Implementation Agreements, and StateSupport Agreements; Financing Documentation including Loan Facility Agreements and Security and Contractual Comfort Agreements; Joint Venture, Share Subscription and Shareholders Agreements; Verification of title to underlying property, sale deeds, lease deeds and development agreements and other conveyance deeds in relation to acquisition of rights, interest or title in the underlying property; Engineering, Procurement and Construction contracts; Service Agreements and Consultancy Arrangements; Operation and Maintenance Contracts. Risk strategy advice and all aspects of risk allocation and management and the unique features of risk allocation.
The firm has acquired relevant skills and developed wide networks in the local energy sector that enable it to advise local and international clients on diverse issues related to the oil and gas sectors, electricity production and sale in Uganda and related legal issues. The firm has the requisite expertise to advise international and local oil companies on legal issues relating to the Model Uganda Production Sharing Agreement, obtaining work permits and passes for its employees and contractors and preparing or reviewing related technical, financing and production agreements.
We have assisted oil marketers in preparation of leases or licenses for petrol stations and represented them in preparation of fuel facility construction, acquisition or sharing agreements.
The firm also has experience in offering legal services and providing advisories relating to infrastructure projects in the sectors of power generation, industrial plants and oil, gas and other natural resource projects.
The firm has also acted for various local and international clients in the preparation of Private Public Partnership (PPP) agreements for various projects, including for the development of roads and aviation installations. The firm has also been retained to carry out a legal and compliance audit for one of the main construction industry regulatory bodies in Uganda.
The firm also has experience in offering legal services and providing advisories relating to infrastructure projects in the sectors of power generation, industrial plants and oil, gas and other natural resource projects. The firm has also acted for various local and international clients in the preparation of Private Public Partnership (PPP) agreements for various infrastructure projects, including for the development of roads and aviation installations.
CM Advocates Uganda provides integrated legal support and solutions covering all areas of an infrastructure development project (be it airport, road, rail, port etc.), from the inception of a project, continuing through award of the project, financial close, design, investment, construction, operation and management.
