Infrastructure And Construction

At Babalakin & Co., we understand the complexities that arise in the construction industry, especially in an environment which faces a significant infrastructure deficit and requires massive investment. We are aware that infrastructure is the foundation of any thriving economy, and that a reliable infrastructure network is key to facilitating industrial growth, commerce, and trade. Our dedicated Infrastructure and Construction team headed by our senior partner, Dr. Wale Babalakin, SAN is well equipped to address these complexities and mitigate any foreseeable risk to the barest minimum.

Over the years, we have garnered a wealth of experience in handling transactions bordering on infrastructure having worked with the Federal Government and several State Governments in conceptualizing transactions to support the development of infrastructure in Nigeria. Particularly, we negotiated, documented and handled all regulatory compliance issues in respect of the concession and ancillary agreements for the Murtala Mohammed Airport Terminal 2 (MMA2), the first Nigerian public infrastructure to be operated under a Build, Operate and Transfer (BOT) arrangement. We also negotiated and documented the concession of the first and longest Federal highway in Nigeria.

Our Services

We offer a wide range of services to meet our clients’ infrastructure and construction legal needs ranging from seed funding, project finance, joint ventures, to public-private partnerships. Our service offerings are suited for a broad spectrum of clientele, including owners, developers, investors (joint ventures, lenders and equity investors), contractors and construction managers, multinational engineering and manufacturing firms, and governments.

Owing to our consummate experience and expertise, we are well positioned to provide comprehensive solutions, create workable roadmaps for the planning, financing, construction and operation of infrastructure projects, and transform complex regulations into clear, actionable strategies.

Our Services Include

1. Advising on construction projects procurement strategies (for private stakeholders) and regulated procurement under the Public Procurement Act, 2007 and the relevant Public Private Partnership/concession regulations and guidelines, as well as handling any reviews or disputes arising therefrom.
2. Procuring and obtaining the requisite development, planning and environmental approvals and permits, and advising on such matters.
3. Construction contracting including the drafting, review, negotiations and advising on standard form contract such as the Standard Form of Building Contract in Nigeria (SFBCN) 1990, Joint Contract Tribunal Standard form of Contract (JCT) 2005, and the International Federation of Consulting Engineers (FIDIC) Conditions of Contract as well as bespoke contracts and sub-contracts including general contract management.
4. Advisory to the various consultants involved in the construction industry on the drafting, review, and negotiations on the letter of appointment or contract of engagement.
5. Public construction law advisory, including legal support when procuring development and environmental permits, licenses and approvals.
6. Construction financing and funding strategies advisory, including PPPs, joint ventures, private equity finance, as well as public finance fundraising.
7. Due Diligence reviews and project health checks, covering transactional, financial, environmental, tax and compliance-related issues.
8. Advising on all aspects of land planning, environmental law compliance, water and waste management issues, as well as zoning and planning regulations.
9. Advising on insurance cover and land acquisition concerning infrastructure and construction projects.
10. Advising on Occupational Health and Safety (OHS) regulations as well as conducting general legal compliance checks or audits concerning construction projects.
11. Disputes & Claims Settlement, including advising and handling all forms of disputes and claims settlement related to construction projects, including litigation, arbitration, conciliation and mediation.

For further inquiries on services, please contact: