Projects & Energy

Projects & Energy

Capital project success through execution excellence

Construction projects have become highly complex and involve several inherent risks and challenges. Managing these projects requires a wide range of skills and competencies for different functional areas including engineering, finance, planning, procurement, construction, contract administration, information technology (IT), quality, and environment, health and safety (EHS), in addition to sectoral knowledge. The challenge lies in making these multidisciplinary functional areas work together seamlessly for the efficient delivery of projects.

Our capital projects consulting team is equipped to deliver value to stakeholders across sectors in infrastructure and industrial projects ‒ government officials, developers and operators, contractors, fund managers, investors and corporate development executives. As one of the leading capital projects and infrastructure consulting companies in India, PwC can help your organisation confront the challenges and exploit the opportunities inherent in planning and executing capital projects and infrastructure. Our industry and sector experts and project professionals work collaboratively with you to address all phases of the infrastructure development life cycle, providing measurable value to the organisation and its shareholders.

Programme management office - Capital projects and infrastructure

Client issues

Our Services

Project Development Contracts

Drafting and negotiating EPC and BOP contracts, OEM and supply agreements, PPAs, O&M agreements, and land development contracts.

Regulatory Compliance

Difficulties in securing land due to disputes over ownership, local resistance, and regulatory restrictions. Delays in land acquisition can impact project timelines and costs.

Dispute Resolution

Poorly negotiated EPC/BOP agreements, unclear PPAs, and incomplete O&M contracts can lead to disputes, cost overruns, and delays in project execution.

Investment and M&A Transactions

Drafting and negotiating EPC and BOP contracts, OEM and supply agreements, PPAs, O&M agreements, and land development contracts.

Specialized Project Services

Difficulties in securing land due to disputes over ownership, local resistance, and regulatory restrictions. Delays in land acquisition can impact project timelines and costs.

Our Solutions

WORK HIGHLIGHTS - WIND ENERGY

Project Agreements

We successfully drafted, negotiated, and finalized agreements for the turnkey construction, development, operation, and maintenance of several wind projects. These include a 100.8 MW project for Torrent Power Limited in Gujarat, multiple projects totaling 1000 MW for the IL&FS group, a 39.2 MW project for AES Corporation’s Indian subsidiary, and a 113.6 MW project for CLP Wind Farms in Maharashtra. Additional projects include a 100.8 MW project for GPEC and several others in Gujarat, Andhra Pradesh, and Rajasthan for CLP India.

Project Agreements

We successfully drafted, negotiated, and finalized agreements for the turnkey construction, development, operation, and maintenance of several wind projects. These include a 100.8 MW project for Torrent Power Limited in Gujarat, multiple projects totaling 1000 MW for the IL&FS group, a 39.2 MW project for AES Corporation’s Indian subsidiary, and a 113.6 MW project for CLP Wind Farms in Maharashtra. Additional projects include a 100.8 MW project for GPEC and several others in Gujarat, Andhra Pradesh, and Rajasthan for CLP India.

Project Agreements

We successfully drafted, negotiated, and finalized agreements for the turnkey construction, development, operation, and maintenance of several wind projects. These include a 100.8 MW project for Torrent Power Limited in Gujarat, multiple projects totaling 1000 MW for the IL&FS group, a 39.2 MW project for AES Corporation’s Indian subsidiary, and a 113.6 MW project for CLP Wind Farms in Maharashtra. Additional projects include a 100.8 MW project for GPEC and several others in Gujarat, Andhra Pradesh, and Rajasthan for CLP India.

Project Agreements

We successfully drafted, negotiated, and finalized agreements for the turnkey construction, development, operation, and maintenance of several wind projects. These include a 100.8 MW project for Torrent Power Limited in Gujarat, multiple projects totaling 1000 MW for the IL&FS group, a 39.2 MW project for AES Corporation’s Indian subsidiary, and a 113.6 MW project for CLP Wind Farms in Maharashtra. Additional projects include a 100.8 MW project for GPEC and several others in Gujarat, Andhra Pradesh, and Rajasthan for CLP India.

Project Agreements

We successfully drafted, negotiated, and finalized agreements for the turnkey construction, development, operation, and maintenance of several wind projects. These include a 100.8 MW project for Torrent Power Limited in Gujarat, multiple projects totaling 1000 MW for the IL&FS group, a 39.2 MW project for AES Corporation’s Indian subsidiary, and a 113.6 MW project for CLP Wind Farms in Maharashtra. Additional projects include a 100.8 MW project for GPEC and several others in Gujarat, Andhra Pradesh, and Rajasthan for CLP India.

WORK HIGHLIGHTS - SOLAR ENERGY

Project Agreements

We successfully drafted, negotiated, and finalized agreements for the turnkey construction, development, operation, and maintenance of several wind projects. These include a 100.8 MW project for Torrent Power Limited in Gujarat, multiple projects totaling 1000 MW for the IL&FS group, a 39.2 MW project for AES Corporation’s Indian subsidiary, and a 113.6 MW project for CLP Wind Farms in Maharashtra. Additional projects include a 100.8 MW project for GPEC and several others in Gujarat, Andhra Pradesh, and Rajasthan for CLP India.

Project Agreements

We successfully drafted, negotiated, and finalized agreements for the turnkey construction, development, operation, and maintenance of several wind projects. These include a 100.8 MW project for Torrent Power Limited in Gujarat, multiple projects totaling 1000 MW for the IL&FS group, a 39.2 MW project for AES Corporation’s Indian subsidiary, and a 113.6 MW project for CLP Wind Farms in Maharashtra. Additional projects include a 100.8 MW project for GPEC and several others in Gujarat, Andhra Pradesh, and Rajasthan for CLP India.

Project Agreements

We successfully drafted, negotiated, and finalized agreements for the turnkey construction, development, operation, and maintenance of several wind projects. These include a 100.8 MW project for Torrent Power Limited in Gujarat, multiple projects totaling 1000 MW for the IL&FS group, a 39.2 MW project for AES Corporation’s Indian subsidiary, and a 113.6 MW project for CLP Wind Farms in Maharashtra. Additional projects include a 100.8 MW project for GPEC and several others in Gujarat, Andhra Pradesh, and Rajasthan for CLP India.

Project Agreements

We successfully drafted, negotiated, and finalized agreements for the turnkey construction, development, operation, and maintenance of several wind projects. These include a 100.8 MW project for Torrent Power Limited in Gujarat, multiple projects totaling 1000 MW for the IL&FS group, a 39.2 MW project for AES Corporation’s Indian subsidiary, and a 113.6 MW project for CLP Wind Farms in Maharashtra. Additional projects include a 100.8 MW project for GPEC and several others in Gujarat, Andhra Pradesh, and Rajasthan for CLP India.

Project Agreements

We successfully drafted, negotiated, and finalized agreements for the turnkey construction, development, operation, and maintenance of several wind projects. These include a 100.8 MW project for Torrent Power Limited in Gujarat, multiple projects totaling 1000 MW for the IL&FS group, a 39.2 MW project for AES Corporation’s Indian subsidiary, and a 113.6 MW project for CLP Wind Farms in Maharashtra. Additional projects include a 100.8 MW project for GPEC and several others in Gujarat, Andhra Pradesh, and Rajasthan for CLP India.

At Confidant Legal, we offer expert legal counsel tailored to the renewable energy sector, addressing the unique challenges faced by stakeholders throughout the project lifecycle. Our extensive experience spans across various facets of the renewable energy landscape, including project development, land acquisition, regulatory compliance, and dispute resolution. We work closely with Independent Power Producers (IPPs), investors, OEMs, EPC and BOP contractors, power park developers, land aggregators, and O&M contractors to navigate complex issues and optimize project outcomes.

Key Issues Faced

Navigating the complex regulatory landscape in India, including delays in approvals for land, grid connectivity, and environmental clearances. Policy uncertainty can disrupt project execution and financial stability.

Difficulties in securing land due to disputes over ownership, local resistance, and regulatory restrictions. Delays in land acquisition can impact project timelines and costs.

Poorly negotiated EPC/BOP agreements, unclear PPAs, and incomplete O&M contracts can lead to disputes, cost overruns, and delays in project execution.

Managing contracts throughout a project can be challenging due to communication gaps, claims disputes, and compliance problems, leading to delays, cost overruns, and legal risks.

Fluctuating tariff structures and volatility in pricing mechanisms under PPAs can impact project profitability and financial planning.

Securing substantial upfront investment is challenging due to policy changes, tariff risks, and long payback periods, affecting funding availability.

Disruptions in the supply chain, delays in equipment procurement, and fluctuations in material costs can affect project timelines and increase costs.

Disputes arising from payment delays, contractual breaches, and non-compliance can stall projects and lead to financial losses.

Setting up captive or group captive power plants involves navigating complex regulatory frameworks, such as the Electricity Act, Companies Act, FEMA, and other applicable laws. Without proper guidance, businesses face risks related to compliance, transaction structuring, and contractual arrangements, which can delay the project and increase costs.

Supplying power under open access projects or third-party Power Purchase Agreements (PPAs) involves navigating complex regulations and contractual requirements. Challenges include ensuring compliance with regulatory frameworks, managing contract terms, and addressing any disputes that arise. Without proper handling, these issues can lead to financial and operational complications.

Setting up rooftop solar power plants involves complex transaction structuring and regulatory compliance. Challenges include ensuring the project meets all legal requirements, managing contractual agreements, and addressing any issues that arise during implementation. Without proper guidance, projects can face delays, cost overruns, and compliance risks.

Managing carbon credits involves navigating regulatory requirements, ensuring compliance with environmental standards, and accurately reporting emissions reductions. Without proper management, companies can face regulatory penalties, missed opportunities for revenue, and challenges in meeting sustainability goals.

Our Solutions

Provide clear regulatory guidance to streamline approvals and compliance processes. Advocate for policy stability and timely execution.

Assist in resolving land disputes, negotiating with local authorities, and facilitating smooth site development to minimize delays.

Ensure clear communication and adherence to contract terms. Manage claims and disputes efficiently to prevent project disruptions. Maintain compliance with all legal and regulatory obligations throughout the contract lifecycle.

Draft and negotiate robust PPAs with favorable tariff structures. Advise on risk management strategies to mitigate tariff-related uncertainties.

Provide guidance on structuring investment agreements, securing funding, and managing financial risks associated with renewable energy projects.

Develop strategies to mitigate supply chain risks, manage procurement processes, and address cost fluctuations to ensure timely project delivery.

Offer comprehensive dispute resolution strategies, including negotiation, mediation, and arbitration, to resolve conflicts effectively and minimize project delays.

Provide regulatory advice on setting up captive/group captive power plants. Structure transactions to comply with the Electricity Act, Companies Act, FEMA, and other applicable laws. Draft and negotiate all necessary agreements for the setup and operation of power plants.

Provide regulatory advice on open access projects and third-party PPAs. Draft and negotiate power supply agreements to ensure compliance and protect client interests. Address and resolve any issues or disputes that arise under these agreements.

Structure the transaction related to rooftop solar power plants to ensure compliance with all regulations. Draft and negotiate all necessary agreements for the setup and operation of the plant. Address any issues that arise during the project to ensure successful implementation.

Provide expert guidance on carbon credit regulations and compliance requirements. Assist in the development, verification, and registration of carbon credit projects. Support clients in trading and managing carbon credits, including drafting and negotiating agreements to optimize their benefits and streamline transactions.

WORK HIGHLIGHTS - WIND ENERGY

Project Agreements

We successfully drafted, negotiated, and finalized agreements for the turnkey construction, development, operation, and maintenance of several wind projects. These include a 100.8 MW project for Torrent Power Limited in Gujarat, multiple projects totaling 1000 MW for the IL&FS group, a 39.2 MW project for AES Corporation’s Indian subsidiary, and a 113.6 MW project for CLP Wind Farms in Maharashtra. Additional projects include a 100.8 MW project for GPEC and several others in Gujarat, Andhra Pradesh, and Rajasthan for CLP India.

Transaction Structuring

Our team structured and prepared transaction documents for the sale of a 40% equity stake in a client company to Korea Western Power Company Limited, a subsidiary of South Korea’s KEPCO. This involved detailed negotiation and documentation to ensure a smooth transaction.

Loan Restructuring

We managed the restructuring of loans and facilitated the sanction of additional financial assistance from a consortium of nine Indian lenders for the development of a 388 MW gas-based power plant in Maharashtra, addressing complex financial and regulatory requirements.

Hydel Power Acquisition

We facilitated the acquisition of 100% of Sugnaneshwara Hydel Power Private Limited, which operates a 13.5 MW mini hydel plant across the Bhima River in Karnataka. This involved comprehensive due diligence and transaction management.

Captive Wind Power Plant

Our team oversaw the setup of a 150 MW captive wind power plant in Tamil Nadu, including the drafting, negotiation, and finalization of all related agreements, ensuring compliance and operational efficiency.

WORK HIGHLIGHTS - SOLAR ENERGY

Solar Power Acquisition

We managed the acquisition of three Special Purpose Vehicles (SPVs) involved in developing various solar power projects totaling 45 MW across Andhra Pradesh. This included conducting thorough due diligence on the projects, SPVs, and land, as well as drafting, negotiating, and finalizing all acquisition-related agreements.

SPV Structuring and Formation

Our team structured and formed SPVs in tax-efficient jurisdictions to secure financing (both equity and loans) for solar power projects in India. This involved navigating various government schemes and optimizing financial arrangements.

Rooftop Solar Project Evaluation:

We assisted in assessing the financial, legal, and regulatory feasibility of funding rooftop solar power projects in Karnataka. This evaluation was crucial for compliance with the solar schemes issued by the Government of Karnataka.

Dispute Resolution

We resolved and negotiated settlements for several project-related disputes, including issues arising from project delays, payment delays, defects, cost overruns, and force majeure situations. Our intervention helped mitigate conflicts and maintain project progress.

Rooftop Solar Project Agreements

We drafted, negotiated, and finalized project agreements for the construction and development of rooftop solar projects totaling 40 MW in Punjab, ensuring all terms were clearly defined and compliant with regulatory standards.

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