Practice Area

Construction & Projects

Gao Kai has outstanding advantages and capabilities in construction and projects area, especially in foreign-related engineering, construction and infrastructure projects.

Gao Kai's attorneys deal with the investment, development, construction and financing of numerous large scale projects throughout the world, including North and South America, Europe, Africa, the Middle East, Southeast Asia, Northeast Asia, and Greater China; and the types of facilities range from gas and coal fired power generation stations, offshore oil and gas platforms, onshore oil drilling facilities, petrochemical plants and oil refineries, renewable energy facilities (wind farm, waste to energy, solar and biofuel), pharmaceuticals, polysilicon, glass fiber, paper mill, mining, bridge and tunnel, railway, heavy equipment and module fabrication yard, to theme parks, hotels, resorts and entertainment complex.

Services

We provide our clients with a full range of legal services in the construction and projects area, including:

Project Development

  • Land, planning, tendering and bidding management
  • Construction contracts: engineering design, procurement and construction (EPC) contracts; prime and sub-contract management
  • License and compliance: qualification and licenses in relevant engineering and construction fields; environment, health and safety (EHS) compliance
  • Permits: project approval, permits and licenses, registration and filing, completion acceptance and filing, title certificate application

Project Finance

  • Project company establishment and investment planning
  • Project credit and syndicated loans
  • Project mezzanine financing structure
  • Project bond, receivables financing
  • Securitization of project income or construction ARs
  • Infrastructure REITs

Belt & Road and International Projects

  • Investigation of the legal environment of foreign countries
  • Legal due diligence and background check of foreign parties
  • Cross-border contracting and financing structure
  • Contract review and negotiation for the whole process of international projects
  • Export credit arrangements
  • Joint venture, cooperation, consortium and other international cooperation arrangements
  • Advice on permits, approval, work visa and other matters related to international projects
  • Compliance management for international projects

Construction Dispute Resolution (Contentious Matters)

  • Analysis, consultation, communication and settlement of potential disputes
  • Change, claim, and final settlement management
  • Construction dispute mediation, litigation and arbitration
  • Government investigation and international sanctions

Representative Work

Gao Kai attorneys have provided comprehensive legal services for the following major construction projects:

China Projects:

  • BASF-YPC Petrochemical JV Project in Nanjing – the largest ever Sino-German joint venture project (between BASF and SINOPEC), with total investment exceeding US$3 billion.
  • Offshore Platform Project in Bohai Bay, China (joint venture between CNOOC and ConocoPhillips).
  • A world class integrated board and pulp mill facility located in Beihai City, Guangxi, China, with a total investment of €800 million, by Stora Enso.
  • A fabrication yard for high-end offshore platform, equipment and module, with two million SQM, registered capital of US$1 billion, by and between Fluor Corp. and Offshore Oil Engineering Corporation (COOEC) in Zhuhai, China, one of the largest in the world.
  • The development and construction of several R&D centers in China by Microsoft.
  • Rolls-Royce's engine testbed and maintenance facility in China.
  • Bluestar Adisseo's new world-class liquid methionine plant in Nanjing (BANC2) with a total investment of US$500 million.
  • Shanghai Disney Resort Project.
  • Beijing Universal Studio Project.
  • The development and construction of Campus Phase II by Duke Kunshan University.
  • World class polysilicon production plant by LDK in Jiangxi, China.
  • Chengdu Jiujiang Energy from Waste Project by Covanta Energy.
  • LNG Receiving Terminal and Emergency Storage project at Nangang Port, Tianjin City, China by Beijing Gas Group (the largest of its kind in the world).
  • A large eye-glass manufacturing plant in Zhuhai, China by Specsavers, a British eyewear manufacturer.
  • Pharmaceutical plants in China by Eli Lily, Merk, Johnson & Johnson, Novartis, Pfizer, Roche, AstraZeneca, Gilead.
  • Petrochemical plants in China by Chevron, Total, Shell, ConocoPhillips, Aramco, SABIC, Sasol, Invista, Akzo Nobel, Huntsman, LyondellBasell.
  • Industrial plants and facilities in China by Boeing, Airbus, GE, Honeywell, Caterpillar, Nike, Adidas, Texas Instrument, Intel, Corning, Tesco, P&G, Unilever, Kraft, Nestle, ADM.

International Projects:

  • Petronas' landmark RAPID (Refinery And Petrochemicals Integrated Development) Project in Johor Malaysia - US$27 billion total investment.
  • Exxon Mobil's US$50 billion development of the West Qurna Oil Field in Iraq.
  • Rio Tinto's Oyu Tolgoi Copper and Gold Mine in Mongolia - US$7 billion investment made, contributing up to a third of Mongolia's GDP.
  • Peru National Broadband Telecom Infrastructure Project by YOFC (Yangtze Optical Fibre and Cable Joint Stock Limited Company) – US$400 million total investment.
  • Commercial complex construction project associated with the airport of Jeddah of Saudi Arabia – US$1 billion total investment.
  • A new 540-megawatt combined-cycle natural gas-fired power plant in Texas, USA by LCRA (Lower Colorado River Authority).
  • Takhiatash Thermal Power Plant with two CCGT units (280 MW each) in Uzbekistan.
  • Celukan Bawang Power Plant (380 MW coal steam fired) in Bali, Indonesia.
  • Acquisition of Libramiento LNG and pipeline project in Mexico, and related project finance, by InterGen (a US based international power plant operator).
  • Macao Waste to Energy Project Phase III by Sanfeng Covanta, China Harbour Engineering, Tongfang Environment and Macao Four Facilities.
  • LNG Liquefaction Modules in the "Virtual Gas Pipeline" Project located in Oman – US$1.3 billion total investment.
  • Hellinikon new city development project in Athens, Greece – €8 billion total investment.
  • MNC Theme Park Project in Indonesia.
  • City Center commercial complex project in Nicosia, Cyprus.
  • The financing of Canadian Solar's development of its Solar Power Projects in Japan in the amount of US$40 million.
  • Data Center Project by Google in Taiwan.
  • International petrochemical projects by British Petroleum, British Gas, ExxonMobil, Chevron, Koch, INEOS, Anadarko, Marathon Oil, ConocoPhillips, Repsol, PTT, PERTAMINA, INPEX.
  • Large industrial projects overseas by China Jushi, Wanhua Chemical, CNOOC, PetroChina, SINOPEC.
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