The Construction, Infrastructure and Transportation Group is led by Founding Partner This email address is being protected from spambots. You need JavaScript enabled to view it. . The team has acted in various capacities on many of Ghana’s most significant construction and infrastructure projects since the inception of the firm. This team also deals primarily with advising on Ghanaian land law issues.

In the transportation sector, the team regularly provides advice and representation in the aviation and shipping sectors, as well as on road construction, rail and wider transportation infrastructure projects.

Our Construction, Infrastructure & Transport practice group focuses on the following sectors:

The Group has acted in various capacities on many of Ghana’s most significant construction and infrastructure projects. A selection of recent projects is below:

  • Review of Master Turnkey Contract and application of the Public Procurement Act on a major multi-use development comprising high end residential apartments and penthouses as well as office, hotel and retail space.
  • Reviewing a USD200M Engineering Procurement Construction (EPC) Contract between the Government of Ghana and a foreign construction company for the construction of affordable housing.
  • Advising a Construction Company with respect to its FIDIC construction contract and procurement documentation in respect of a project valued at approximately US$500M.
  • Advising on the acquisition of major plots of land including conducting due diligence on the land, provided advice on permits and authorizations required for the projects.

Our Group has worked on most of the high profile real estate financing deals in Ghana. Our advice in this sector has included advising on laws affecting the construction industry in Ghana,

permits required under Ghanaian law, environmental issues, as well as the drafting, creation and perfection of charges in relation to land and land registration.

A selection of relevant deals worked on includes:

  • Major Ghanaian Port: advising on the entire project for the development, financing, design, procurement, engineering, manufacture, construction, completion, commissioning, ownership, operation and maintenance and additional facilities required to support a free port for the hydrocarbons industry in Ghana and the wider Gulf of Guinea Region.
  • Hotel Project Financing: acted as local counsel in securing the funds required for major hotel projects.
  • Major due diligence on the regulatory and legal framework and security related issues for a multi-million dollar construction project. Our role included the drafting of a security agreement, review of necessary corporate authorisations, and advising generally on all registrations, stamping and other filings in Ghana.

BELA has acted for many of the most significant aviation companies operating in Ghana, on financing arrangements for the lease of aircraft and other transactions. We have acted in many

capacities for well-known airline corporations and brands. Some examples of our aircraft leasing and financing advice include:

  • Review of aircraft lease agreements and the terms and conditions under which aircraft are financed for such leases.
  • Advising on the registration of mortgages over aircraft in Ghana and related issues, including advising on security, prioritisation of mortgages and enforcement in the event of default.

BELA has acted on a number of shipping matters including ship finance, mortgages, charter party agreements, carriage of goods, claims for short landing of cargo, ship arrest and release etc.

The firm has also represented Clients in customs procedures and liability under the Fisheries law.

  • Acting for international companies seeking to enforce debts against foreign registered vessels in Ghanaian waters;
  • Drafting a fishing vessel sale agreements and draft charter party agreement;
  • conducting searches on movement of certain vessels;
  • Reviewing a boat building agreement
  • Providing advice on the  chartering of vessels and licensing and the registration of foreign flag vessels
  • Advising on a drilling rig dispute

Ghana is experiencing a major boom in construction and other significant road, transportation and infrastructure projects and BELA is regularly involved in providing legal advisory services on these projects. Ghana currently has no PPP legislation. The National Policy on Public Private Partnerships, dated June 2011 introduced by the Ministry of Finance currently regulates the sector. A PPP Bill is expected to be passed into law in the near future.

Since the introduction of the PPP Policy, BELA has advised on the following:

  1. A PPP (Build Operate Transfer model) proposal between a foreign entity and the Government of Ghana on a major road network;
  2. A major port and oil service terminal between a private foreign company, the various government agencies and a local community.
  3. DKD Letsa presented “Financing Infrastructure, the Legal and Regulatory Environment” at the West African Conference on Water and Infrastructure in 2011. The presentation discussed the concepts of PPPs, the Build Operate-Transfer (BOT) scheme with respect to Commercial/Institutional Buildings and laws regulating PPPs in Ghana and the BOT scheme in Ghana with emphasis on tolling.

 

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