Public Projects, Infrastructure, and PPPs
Saudi Arabia is currently undertaking some of the world's most ambitious and transformative public projects and infrastructure developments, a cornerstone of its Vision 2030. From giga-projects reshaping the urban and economic landscape to nationwide upgrades in transport, utilities, social infrastructure, and the burgeoning adoption of Public-Private Partnerships (PPPs), these initiatives demand unparalleled legal expertise. Navigating the complex interplay of public procurement laws, concession agreements, real estate expropriation, intricate financing structures, and multi-stakeholder management is critical for success.
The scale, complexity, and public interest inherent in government-led projects necessitate specialized legal counsel for both public sector entities and private sector participants. Expert legal guidance is crucial for:
Navigating Robust Regulatory Frameworks:
Public projects in Saudi Arabia are governed by comprehensive laws such as the Government Tenders and Procurement Law (GTPL) and its implementing regulations (managed via the Etimad portal), the PPP Law overseen by the National Center for Privatization & PPP (NCP),
Structuring and Implementing Successful PPPs
As the Kingdom increasingly leverages private sector capital and expertise, structuring bankable and effective PPPs requires sophisticated legal advice on risk allocation, concession terms, financing, and regulatory approvals.
Managing Complex Procurement Processes:
Ensuring transparency, fairness, and compliance throughout the public tendering and procurement cycle is vital for both awarding authorities and bidders.
Addressing Land Acquisition and Expropriation:
Major infrastructure often requires land. Expert counsel on the Law of Expropriation of Real Estate for Public Benefit and related procedures is essential.
Securing Project Financing:
Public projects often involve complex, multi-source financing. Legal advisors play a key role in structuring these financial arrangements.
Ensuring Local Content Compliance:
: Adherence to regulations promoting local content in government projects, overseen by the Local Content and Government Procurement Authority (LCGPA), is a significant consideration.
Resolving Disputes Effectively:
Given the long-term nature and complexity of public projects, effective dispute resolution mechanisms, including administrative courts, specialized committees, or arbitration for certain agreements, are vital.
SHP Law positions itself as your trusted legal partner in these large-scale government infrastructure projects. Our team of experienced legal professionals possesses in-depth knowledge of Saudi Arabian and regional laws and regulatory frameworks governing public projects
Our expertise allows us to guide you seamlessly through the complex legal, regulatory, and business processes involved in public projects, ensuring clarity, compliance, and the protection of your interests. We offer tailored services to both private companies participating in public tenders and to the public agencies commissioning these vital developments.
We assist private companies (contractors, developers, investors, and financiers) in understanding and complying with the Kingdom's public tendering and procurement regulations, and in successfully delivering on public project mandates. Our services include:
Guidance and Support Through Project Lifecycle:
We guide clients throughout all project phases – from analyzing tender documents and bid preparation, through planning, negotiation, financing, construction, and into the operational phase.
Relationship Management with Public Entities:
We help establish and manage effective working relationships and contractual frameworks between the public and private entities involved in the project.
Contract Negotiation and Drafting
We assist with negotiating and drafting all project-related contracts, including concession agreements, EPC (Engineering, Procurement, and Construction) contracts, O&M (Operation and Maintenance) agreements, and supply agreements, ensuring robust protection and clarity
Project Financing:
We advise on structuring and securing viable financing for public projects, including liaising with local and international lenders and understanding PPP financial models
Real Estate and Land Use Support:
We provide comprehensive legal support related to land acquisition, due diligence, expropriation processes, zoning, and development rights essential for project execution.
Tax and Employment Law Advisory:
We advise on the specific tax implications (e.g., VAT, withholding tax) and employment law matters (including Saudization and labor regulations) pertinent to public projects.
Dispute Resolution:
We assist with resolving disputes that may arise during any phase of a public project, through strategic negotiation, mediation, or representation in litigation before administrative or commercial courts, or in arbitration.
We offer strategic legal expertise to government ministries, authorities, and other public agencies during the planning, tendering process, and in managing their relationships and contracts with private partners. Our services include:
Project Structuring and PPP Advisory:
We advise on the optimal legal and commercial structure for public projects, including the feasibility and structuring of PPPs in line with NCP guidelines and the PPP Law.
Establishment of Project Entities:
We assist in establishing any necessary special purpose vehicles or other entities for public agencies to undertake development projects efficiently and with appropriate governance.
Tendering and Procurement Process Management:
We provide counsel to ensure all stages of the tendering and procurement process comply with the GTPL and international best practices, from drafting tender documents to bid evaluation and award
Contract Drafting and Management:
We assist with drafting robust, balanced, and enforceable contracts with private partners and provide guidance on effective contract management and administration throughout the project lifecycle.
Regulatory Compliance and Policy Advice
Advising on compliance with all relevant laws and assisting in the development or refinement of policies related to public projects and procurement.
At SHP Law, we combine our deep understanding of Saudi Arabia's ambitious development agenda with sophisticated legal expertise to deliver effective and astute solutions for even the most complex public projects and infrastructure initiatives.