Changes in an ongoing investment and the challenges involved

A maritime industry client faced a significant potential issue with regulatory authorities. The entrepreneur wanted to treat a change in the investment as a modification foreseen in the contract. At first glance, such an approach seemed feasible.

However, we decided to thoroughly analyze the matter and formed a working group composed of several lawyers and technical specialists. The task was extensive – not only did we need to prepare documents to gain a complete understanding of the situation, but we also had to gather detailed technical data to confirm whether the proposed solution was even viable.

Thanks to the efforts of our dedicated “task force” and the use of modern solutions, we identified errors in the client’s assumptions.

It turned out that if the entrepreneur had pursued the original solution, they would have been exposed to very high penalties. A particularly helpful tool was the timeline we prepared, which clearly explained the issues and highlighted discrepancies that the regulatory authority might focus on.

We recommended that the investment change be accounted for based on a different legal basis under the Public Procurement Law than initially planned.

As a result:

• we mitigated the serious risk of penalties and disputes with regulatory authorities,
• we achieved a constructive and safe solution that the client could utilize,
• we reduced the client’s costs, time, and stress associated with the issue.

Such legal support, particularly thorough analysis and creative solutions is our specialty.