Best Public-Private Partnerships (PPP) Lawyers in Portugal

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GFDL Advogados
Lisbon, Portugal

Founded in 2018
15 people in their team
Portuguese
English
French
Hungarian
Romanian
GFDL Advogados is an independent full-service law firm based in Lisbon. Our team comprises highly skilled advisors and lawyers with international experience in law and business affairs.Our dedicated teams handle all aspects of doing business and investing in Portugal. We consolidate intellectually...
Global Lawyers
Lisbon, Portugal

Founded in 1998
50 people in their team
Portuguese
English
Global LawyersGlobal Lawyers has a multidisciplinary team with proven experience and in-depth knowledge in all areas of law: litigation, public and private, corporate, real estate and foreign investment, out-of-court dispute resolution and arbitration, golden visa, visa and citizenship.We provide...
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Vieira Rocha - Advogados
Porto, Portugal

Founded in 2016
English
Vieira Rocha - Advogados is a distinguished law firm committed to delivering comprehensive legal services across a diverse range of practice areas. The firm's expertise encompasses Labor Law, Commercial and Corporate Law, Credit Recovery, Insolvency and Corporate Recovery, Criminal Law, Real Estate...

Founded in 2018
English
F+AS - Ferraz e Aguiar Soares, Sociedade de Advogados, SP, RL, is a distinguished Portuguese law firm with offices in Lisbon and Porto. The firm's team comprises seasoned lawyers, each with an average of 18 years of legal practice, ensuring that clients receive counsel from experienced...
EDGE - International Lawyers
Lisbon, Portugal

Founded in 2016
200 people in their team
Portuguese
English
Our experienced team provides legal solutions for both international and domestic clients, serving their business needs whilst also understanding their cultural diversity. Often these solutions need to be individualised and we have the flexibility to blend both traditional and innovative...
César Vila Franca Solicitador
Macedo de Cavaleiros, Portugal

Founded in 2013
English
César Vila Franca Solicitador, established in 2013, offers comprehensive legal services in Macedo de Cavaleiros, Portugal. With a professional license number 6518, the firm specializes in providing expert legal advice and representation across various domains, including corporate law, inheritance...
Porto, Portugal

English
LAW-ACE ADVOGADOS is a distinguished law firm located at 1131 Avenida da Boavista in Porto, Portugal. The firm offers comprehensive legal services across various practice areas, catering to a diverse clientele. Their team of experienced attorneys is committed to delivering tailored solutions that...
Lima Gonçalves & Associados
Funchal, Portugal

Founded in 1989
50 people in their team
Portuguese
English
LIMA, GONÇALVES & ASSOCIADOS, RI  was born in 1989, distinguishing itself for being the first law firm to be incorporated in the Autonomous Region of Madeira.Founded on the initiative of Distinguished Lawyer Dr. Rui Lima, name of reference, currently the LGA has several associates and...

Founded in 1992
50 people in their team
Portuguese
English
Castanheira, Almeida, Pereira, Mateus Ferreira & Associates, Law Firm, LLC is a law firm with its head office in Coimbra. It was founded in 1992 and registered at the Bar Association under number 32/92. It uses as a distinctive element the acronym CAPA - Law Firm, LLC, and it is currently...
Lexidy Law Boutique
Lisbon, Portugal

Founded in 2015
200 people in their team
Portuguese
English
Lexidy StoryAs a young lawyer in Madrid, Fede was struggling to break into the city’s legal hegemony. His first job as a newly-minted lawyer was anything but. He actually sold insurance for a large Spanish brand while application after application was rejected. Herein lies the fundamental issue...
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About Public-Private Partnerships (PPP) Law in Portugal

Public-Private Partnerships (PPP) are structured collaborations between public sector entities and private companies to finance, build, and operate infrastructure projects or deliver public services. In Portugal, PPPs have played a crucial role in developing sectors such as transportation, healthcare, energy, and education. These partnerships help leverage private investment and expertise to achieve public objectives, often involving complex contractual arrangements and long-term commitments. The legal framework in Portugal for PPPs is well established, ensuring transparency, fair competition, and protection of public interests.

Why You May Need a Lawyer

Engaging in a PPP project in Portugal involves navigating a myriad of legal and regulatory issues. You may need a lawyer in situations such as:

  • Negotiating and drafting PPP contracts
  • Participating in public tenders or procurement processes
  • Resolving contract disputes between public authorities and private partners
  • Understanding and complying with regulatory and financial obligations
  • Structuring project finance and managing risks
  • Assessing liability, insurance, and performance guarantees
  • Advising on merger and acquisition transactions involving PPP assets
  • Representing your interests in litigation or arbitration related to PPP projects

Given the complexity and high value of PPP projects, legal support helps ensure compliance with local laws, minimizes risks, and protects your interests throughout the project lifecycle.

Local Laws Overview

Portugal has a comprehensive legal framework governing PPPs that includes both EU and national rules. The key points you need to know include:

  • PPP Framework Law: The main Portuguese legislation for PPPs is Law no. 18/2008, which sets out principles for contract formation, project selection, financial structuring, and risk allocation.
  • Public Procurement Law: PPP projects must comply with the Public Contracts Code (Código dos Contratos Públicos), ensuring competitive, transparent, and non-discriminatory procurement procedures.
  • Sector-Specific Regulations: Certain sectors, like transport or health, may be subject to additional regulations or ministerial oversight.
  • Project Appraisal and Approval: Rigorous appraisal procedures assess project value for money, budget impact, and risk allocation before approval.
  • Contract Management and Supervision: Ongoing oversight by public authorities is required to monitor performance and compliance throughout the contract period.
  • Dispute Resolution: Contracts typically contain clauses for mediation, arbitration, or recourse to Portuguese administrative courts.

Staying abreast of amendments to these laws and understanding their interplay with EU directives is essential for successful PPP engagement.

Frequently Asked Questions

What is a Public-Private Partnership (PPP)?

A PPP is a long-term contractual arrangement in which a private partner provides infrastructure or services traditionally delivered by the public sector, sharing risks and benefits with a public authority to achieve public goals.

Are PPPs common in Portugal?

Yes, PPPs are widely used in Portugal, especially in sectors like highways, hospitals, and water services, as a means to leverage private sector investment and expertise.

How are PPP projects awarded in Portugal?

PPP projects are typically awarded through competitive public tender procedures, governed by the Public Contracts Code to ensure transparency, fairness, and equal opportunity for bidders.

What are the main legal risks in PPP projects?

Risks include changes in regulation, financial performance of the project, contractual non-compliance, and disputes over contract interpretation or performance. Proper legal advice can help identify and mitigate these risks.

Can foreign companies participate in Portuguese PPPs?

Yes, foreign companies can participate in PPP tenders in Portugal, provided they meet the eligibility and qualification criteria established by the relevant authorities and regulations.

What is the usual duration of a PPP contract?

PPP contracts in Portugal often run for 20 to 30 years, depending on the sector and project requirements, to ensure viable payback of private sector investment.

How is project financing usually structured?

Financing arrangements may include private equity, bank loans, and sometimes public funding or guarantees. The structure depends on the risk profile, expected returns, and negotiations between parties.

How are disputes in PPP projects resolved?

Disputes are typically resolved through contractual dispute resolution mechanisms, which may include negotiation, mediation, arbitration, or recourse to administrative courts.

What are the main duties of the public partner in a PPP?

The public partner is responsible for defining project specifications, overseeing procurement and contract management, and ensuring that the partnership achieves public policy objectives.

Can a PPP contract be modified after signature?

Modifications are possible but are strictly regulated to protect competition and transparency. Substantial changes may require a new competitive process.

Additional Resources

If you need further support or information, consider consulting the following resources and institutions:

  • Ministry of Finance’s Technical Unit for Project Monitoring (UTAP) - for guidelines and monitoring reports on PPPs
  • Imprensa Nacional - Diário da República, for official publications of relevant laws and contracts
  • Court of Auditors (Tribunal de Contas), which reviews and supervises public spending and PPP contracts
  • Portuguese Competition Authority (Autoridade da Concorrência), for competition law compliance in PPP procurement
  • Regional Development and Sector Ministries, depending on your specific project area

Next Steps

If you are considering involvement in a PPP project or need legal assistance:

  • Identify your project or business goals and clarify your role (public authority, private company, investor, or adviser)
  • Gather all relevant documents, tenders, or contracts for review
  • Consult with a Portuguese lawyer specializing in PPPs and public procurement
  • Seek legal advice before entering negotiations or submitting bids
  • Ensure continuous legal support for contract management and compliance during the project’s lifecycle

Taking these steps early can help avoid costly mistakes and position you for successful participation in Portugal’s PPP market.

Lawzana helps you find the best lawyers and law firms in Portugal through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Public-Private Partnerships (PPP), experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Portugal - quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.