During the 1990s, Peru implemented major reforms aimed at fostering private investment through the sale of shares and assets of State-owned companies, as well as the granting of infrastructure and public utilities concessions. Although this process continued over the following decade, there are still major infrastructure gaps that must be reduced with the help of private investors. In recent years, major infrastructure projects have set the pace for the country’s economic growth, mainly through public-private partnerships, which help offer greater security and shared risk structures between the State and investors.
Significant growth in the real estate and construction sectors also act as a driving force for investment and development in Peru, involving all different types of companies. The evolution of these sectors has been rapid, creating new trends and legal reforms that seek to adapt to the dynamic established by the market.
Hernández & Cía. Abogados provides legal advice on the design and development of all types of projects, whether they are part of concession processes or other means of private investment participation. Our services include consultancy during tender or investment promotion processes called by the State, as well as corporate, regulatory, or tax planning for the respective projects, whether they are self-sustained or co-financed.
Our practice also involves consultancy during the project performance stage, including the negotiation of construction, EPC, and other contracts, as required; compliance with contractual obligations; relations with regulatory bodies; as well as any potential disputes that may arise.
We participate in the performance of projects in the form of private initiatives and the Works in Exchange for Taxes program, which seek to boost and promote the creation of infrastructure as a result of direct impetus from the private sector.
On the other hand, we have wide-ranging experience in the structuring and negotiation of project financing in all of its forms, whether for project promoters and or the financial entities granting the resources. This includes the performance of due diligence procedures, bankability analyses, structuring and negotiation of contracts to make financing viable, as well as the corresponding guarantees.
Our attorneys have taken part in many of the most important project financing operations in the mining, energy, transportation, and telecommunications industries, as well as for road, port, and airport infrastructure, among others, assisting both private and public sector companies and financial and investment banking entities, infrastructure funds, and multilateral entities, whether Peruvian or foreign.
This practice area includes the services of structuring, negotiating and implementing the financing properly in any modality, such as direct, syndicated or structured transactions, among others, including the definition and constitution of the securities mechanisms appropriated for each operation. The firm advised an important construction company in Perú to participate in the public bidding process for the ‘Carretera Longitudinal de la Sierra Tramo 4’.
The project comprises the improvement and rehabilitation of a 970 km long highway that crosses several regions in Perú. The firm also advised to Banco Santander S.A. (Spain), SMBC and other banks regarding the syndicate process of the $200 million long term financing in favor of Concesionaria Vial Sierra Norte S.A (CONVIAL), concessionaire of ‘Carretera Longitudinal de la Sierra Tramo 2’ project.