Construction and Infrastructure

Nation building through infrastructure development has been one of the key practice areas of PunoLaw for many years. PunoLaw has participated in construction and infrastructure projects across a wide range of industry including energy and power, water, telecommunications and road networks delivering both practical and legal solutions. PunoLaw represents sponsors and developers, contractors, equipment suppliers and financial institutions in all aspects of project development, including bid preparation and qualification, contract drafting and negotiation, financing arrangements, licensing and establishment of local offices and dispute resolutions.

PunoLaw has significant experience in the preparation and negotiation of construction contracts for the real estate industry and engineering, procurement and construction (EPC) contracts for the power industry.

With a thorough knowledge of the local regulatory landscape, we help clients navigate through the complex and often changing regulations in a wide range of complex and high-value deals. Our joint practice with international law firms provides us with a global perspective that help us deliver market precedents in an international scale.

Representative Transactions

PunoLaw acted as counsel for the Manila North Tollways Corporation (“MNTC”) in connection with the construction, development and financing of the North Luzon Expressway (“NLEX”). PunoLaw has been involved and has taken the lead counsel’s role in almost all aspects of the project development of the NLEX, from the acquisition of the required rights-of-way up to commencement of its commercial operations. In 2001, PunoLaw acted as lead local counsel for MNTC to obtain financing from a syndicate of multilateral institutions and foreign banks for the project.  In 2006, PunoLaw again acted as counsel to MNTC in the refinancing of its project debt for the rehabilitation and development of the NLEX. The transaction was nominated for “Project Finance Deal of the Year” at the Asian Legal Business SE Asia Law Awards held in Singapore in June 2007, and involved the refinancing of MNTC’s outstanding project finance debt obligations in the amount of US$201.7 Million through a combination of (i) amended debt facilities, (ii) a new US Dollar term loan facility provided by Mizuho Corporate Bank, Ltd., and (iii) the issuance of fixed rate corporate notes in an aggregate principal amount of Php5.5 Billion.

PunoLaw also acted as counsel for a project company in connection with the latter’s bid for a Build-Operate-Transfer (“BOT”) project involving the construction of a toll road from Subic up to Clark expressway.

We acted as counsel for a consortium of Philippine and foreign corporations, which participated in the bidding for the Bases Conversion and Development Authority’s outsourcing of the operations and maintenance (O&M) of the Subic-Clark-Tarlac Expressway (SCTex) to a single service provider. The contract included the provision of support services such as toll road collection, traffic management, toll road maintenance, including greenery and landscaping, management services and support services.

We acted as counsel for Private Infra Development Corporation in the bid design and preparation for the Tarlac-Pangasinan-La Union Toll Expressway project, an 88.15-kilometer tollway project in central and northern Luzon, Philippines which was bid out by the Philippine Department of Public Works and Highways and the Toll Regulatory Board under the BOT Law.  After the successful bid for the project, PunoLaw also acted as counsel for the company in the negotiation and execution of the Toll Concession Agreement with the Philippine government.

We also acted as counsel for Ayala Land in connection with the latter’s bid for the right to undertake the then Southrail project, which sought to link the City of Manila to the City of Calamba in Laguna, Philippines using the Philippine National Railways network. Ayala Land is the real estate arm of Ayala Corporation, one of the Philippines’ oldest and largest conglomerates.

PunoLaw has also represented Ausphil Tollways Corporation in connection with the development of Stage 1 of the North Luzon East Expressway.

We acted as counsel for an international consortium in the financing and development of the first major hydropower project under the BOT Law using run-of-the-river development scheme located in northern Luzon region. PunoLaw negotiated the turnkey engineering, procurement and construction contract with a foreign contractor. We also negotiated with the National Power Corporation for the Transmission Line Contract and with the contractor for the Transmission Line Construction Contract.