Best Project Finance Lawyers in Chur

About Project Finance Law in Chur, Switzerland

Project finance is a method of funding large infrastructure and industrial projects by relying primarily on the project�s cash flows and assets, rather than the sponsors� balance sheets. In Chur - the capital of the Canton of Graubunden - project finance commonly supports energy projects (for example small hydropower and renewables), transport and local infrastructure, tourism-related developments and public-private partnership projects. Swiss project finance blends federal rules on contract, securities and insolvency with cantonal and municipal rules on land use, planning and environmental approvals. Typical features include the use of a special-purpose vehicle - SPV - limited-recourse lending, a detailed security package and close coordination with local authorities and utilities.

Why You May Need a Lawyer

Project finance transactions are legally complex and involve many interacting areas of law. You may need a lawyer when you are:

- Structuring the deal and choosing the right vehicle - for example forming an SPV and deciding on governance and shareholder protections.

- Negotiating finance documents - loan agreements, intercreditor agreements, security documents, and guarantees.

- Preparing and perfecting security - mortgages, pledges, assignments of receivables, and share pledges require precise drafting and registration steps to be effective in Switzerland.

- Securing permits and concessions - planning, building permits, environmental approvals and concessions for water or land use often require legal support to navigate canton and municipal procedures.

- Handling procurement and concession tenders - public procurement rules and concession-award processes can be technically demanding and time sensitive.

- Drafting commercial contracts - engineering, procurement and construction (EPC) contracts, operation and maintenance (O&M) agreements, offtake and power purchase agreements (PPA) need careful risk allocation.

- Managing regulatory compliance and licensing - energy grid connection, network access, and specific federal or cantonal regulatory regimes.

- Resolving disputes, claims and insolvency risks - contingency planning, enforcement of security and restructuring in the event of default.

Local Laws Overview

Project finance in Chur operates at the intersection of federal, cantonal and municipal law. Key legal aspects to be aware of include:

- Federal contract law - Swiss Code of Obligations governs contracts such as loan agreements, EPC contracts, PPAs and guarantees. Good drafting and clear allocation of risks are essential.

- Property law and the land register - real estate security is recorded in the cantonal land register. Mortgages and other property rights must meet statutory formalities to be enforceable.

- Security and enforcement - pledges of movable assets, shares and receivables follow rules under federal law. Perfection and priority depend on registration, notice or control mechanisms, and can vary by asset class.

- Insolvency and debt enforcement - Swiss debt enforcement and bankruptcy procedures affect creditor remedies. Limited-recourse structures and intercreditor agreements are commonly used to manage insolvency risk.

- Cantonal planning and building law - Canton of Graubunden controls land use planning and building permits. Municipalities in and around Chur will enforce zoning, heritage and local development rules.

- Environmental and water law - projects that affect watercourses, protected areas or emissions require federal and cantonal environmental approvals. Hydropower projects need concessions and water-rights permits.

- Public procurement and concessions - when public entities are involved, procurement rules apply. Concession regimes for infrastructure or public services must be navigated carefully.

- Financial regulation - where banks, insurance or capital markets are involved, regulatory rules from FINMA and applicable banking laws may be relevant. Export credit and state support may also trigger specific conditions.

- Language and procedural requirements - official procedures and filings in Graubunden are often conducted in German. Legal documents and court filings may need translation or bilingual counsel.

Frequently Asked Questions

What is the typical structure of a project finance transaction in Chur?

Most transactions use a special-purpose vehicle - SPV - that owns the project and enters contracts. Lenders provide limited-recourse loans secured by project assets and cash flows. Key contracts include construction, operation, offtake and financing agreements, together with a comprehensive security package and intercreditor arrangements if multiple lenders are involved.

How are security interests created and enforced in Switzerland?

Security interests depend on the asset type. Real estate security is created by entering a mortgage in the cantonal land register. Pledges over shares, movables and receivables require registration, handover or control mechanisms depending on the asset. Enforcement typically follows Swiss debt enforcement and bankruptcy procedures. Timing and priority depend on correct perfection and registration.

Do I need cantonal permits for energy or infrastructure projects in Graubunden?

Yes. In addition to federal environmental and sector-specific approvals, you must obtain cantonal and municipal permits for land use, building and, when applicable, water-rights or concessions. Local planning constraints and protected-area rules can materially affect project scope and timing.

Can foreign investors acquire property for a project in Chur?

Foreign investment in Swiss real estate is subject to rules intended to avoid speculative acquisition. Additional approval requirements may apply depending on nationality and the intended use of the property. Early legal advice is recommended to determine if approvals are needed.

What are the common risks lenders look for in a Swiss project finance deal?

Lenders focus on construction risk, performance and completion risk, counterparty creditworthiness, offtake risk, regulatory and permitting risk, currency and market risk, and enforceability of security. They will also evaluate the SPV�s corporate structure and local law considerations including insolvency and enforcement regimes.

How long do permitting and approval processes usually take?

Timing varies widely by project type and complexity. Smaller projects may obtain permits in several months, while larger infrastructure or energy projects with environmental assessments and public consultation can take one year or more. Early engagement with cantonal authorities can reduce delays.

What documentation should I prepare before meeting a project finance lawyer?

Bring a clear project description, business plan and financial model, copies of key contracts or draft contracts (land, offtake, EPC), ownership documentation, any existing permits or correspondence with authorities, and details of financing proposals. This allows the lawyer to assess legal risks and required steps efficiently.

Are public-private partnerships common in Graubunden?

Yes - PPPs are used for transport, municipal utilities and other public infrastructure. PPPs require careful procurement, concession documentation and long-term contract management. Legal counsel helps to balance risk allocation between public and private partners.

How are disputes and construction claims typically handled?

Contractual dispute resolution clauses are critical. Parties often choose Swiss courts or arbitration. International investors commonly select arbitration seated in Switzerland. Dispute resolution clauses should specify governing law, jurisdiction or arbitration rules, and interim relief options to protect project value.

How much does legal advice for project finance typically cost?

Costs depend on transaction complexity, document volume and the firm�s billing model. Some firms charge hourly rates, others offer capped fees for defined stages. Expect significant upfront due diligence, negotiation and documentation work. Obtain a written engagement letter outlining fees and scope before starting work.

Additional Resources

Useful resources and organizations to consult include:

- Federal Office of Energy - for energy policy and licensing matters.

- Swiss Federal Office for the Environment - for environmental impact and permitting guidance.

- Canton of Graubunden - cantonal offices responsible for spatial planning, building permits, water rights and environment.

- Cantonal land register and commercial register - for title searches and company records.

- Swiss export credit agency - SERV - for export credit and political-risk cover.

- Swiss Financial Market Supervisory Authority - FINMA - when financial regulation or regulated entities are involved.

- Cantonal bar association or Swiss Bar Association - to find qualified local lawyers with project finance experience.

- Local banks and international lenders active in Switzerland - for market practice and financing options.

Next Steps

If you need legal assistance with a project finance matter in Chur, consider these practical steps:

- Prepare a concise project brief - include the business plan, key contracts, permits obtained so far and your timetable.

- Identify the scope of legal work - transaction structuring, permitting, drafting and negotiation, or dispute prevention.

- Seek a lawyer or firm with Swiss project finance experience and local knowledge of Graubunden and Chur - ask about previous projects in the same sector.

- Request a written engagement letter that sets out work scope, estimated fees and timing.

- Plan for bilingual needs - many local proceedings are in German; ensure your legal team can handle German-language filings or provide reliable translation.

- Allow time for stakeholder engagement - lenders, authorities, utilities and local communities may require meetings and documentation before key approvals are granted.

- Keep records and maintain a compliance checklist - track permits, insurance, performance bonds and contractual deadlines to reduce regulatory and commercial risk.

If you are ready to proceed, contact a qualified project finance lawyer in Chur or the Canton of Graubunden for an initial consultation and tailored advice.