MOST SIGNIFICANT TRANSACTIONS AND CASES

 

Throughout his professional career in the construction industry and as General Counsel and Head of the Legal Department for a major international group of infrastructure construction companies, Ricardo has participated in strategy development and has led and overseen numerous legal proceedings and arbitrations related to construction and M&A. The most relevant of these are the following:

 

Arbitration

Arbitration at the Madrid Court of Arbitration between two partners in a joint venture for a wastewater treatment plant construction project.

Jurisdiction: Spain

Value of the dispute: Undetermined.

 

Arbitration at the Madrid Court of Arbitration between a construction company and a developer in a claim for determining final payment of a construction project and opposing a claim for penalties for delays.

Jurisdiction: Spain

Value of the dispute: €0.7M. Counterclaim: €0.9M.

 

Ad hoc arbitration in a claim between a joint venture and a concessionaire claiming cost overruns incurred in the works and price escalation.

Jurisdiction: Spain

Value of the dispute: €45M.

 

Arbitration at the Arbitration Court of the Seville Chamber of Commerce between a construction company and a developer claiming payment of an executed guarantee and opposing the claim for loss of profits and moral damages.

Jurisdiction: Spain

Value of the dispute: €0.3M. Counterclaim: €1.7M.

 

Arbitration at the Madrid Court of Arbitration between a construction company and a developer claiming payment of an executed guarantee and opposing a claim for damages.

Jurisdiction: Spain

Value of the dispute: €9M. Counterclaim: €6.4M.

 

Arbitration at the Madrid Court of Arbitration between a construction company and a development company claiming payment of an executed guarantee and opposing a claim for damages.

Jurisdiction: Spain

Value of the dispute: €7.3M. Counterclaim: €33M.

 

Arbitration at the Madrid Court of Arbitration between a construction company and a development company claiming payment of an executed guarantee and opposing a claim for damages.

Jurisdiction: Spain

Value of the dispute: €0.3M. Counterclaim: €33M.

 

Arbitration at the American Arbitration Association between an engineering company and a construction company claiming payment of cost overruns due to a change in the scope of a design contract for a road construction project in Florida.

Jurisdiction: USA

Value of the dispute: USD 7M.

 

Arbitration at the ICC between a construction company and the seller of the majority of the shares of a company listed on the Warsaw Stock Exchange in a claim for damages for breach of the representations and warranties in the stock purchase agreement.

Jurisdiction: Poland

Value of the dispute: €40.5M.

 

Ad hoc commercial arbitration between a construction company and two European states in a claim for the rebalancing of a concession contract.

 

Arbitration before the American Arbitration Association between two construction companies for breach of a joint venture agreement in relation to the construction of a section of the subway in New York City.

Jurisdiction: USA

Value of the dispute: USD 91M. Counterclaim: USD 62M.

 

Arbitration before the American Arbitration Association between an engineering company and a construction company claiming payment of part of the price for a contract related to a dam construction project.

Jurisdiction: USA

Value of the dispute: USD 0.6M.

 

Arbitration before the American Arbitration Association between an engineering company and several construction companies in a joint venture claiming payment of part of the price for a bridge project.

Jurisdiction: USA

Value of the dispute: USD 0.4M.

 

Arbitration before the American Arbitration Association between a subcontractor and a construction company claiming payment of part of the price for the supply of concrete in a road construction project in Florida.

Jurisdiction: USA

Value of the dispute: USD 5M.

 

Arbitration before the American Arbitration Association between a subcontractor and a construction company in a claim for payment of damages for work performed not provided for in the contract in relation to a road construction project in Florida.

Jurisdiction: USA

Value of the dispute: USD 2.5M.

 

Arbitration at the American Arbitration Association between a subcontractor and a construction company regarding deductions for lack of capacity of a machine in relation to a tunnel construction project in Washington State.

Jurisdiction: USA

Value of the dispute: USD 3M.

 

Arbitration at the Dubai International Arbitration Center (DIAC) between an engineering company and a construction company in a claim for work performed for the submission of a bid for a project.

Jurisdiction: United Arab Emirates

Value of the dispute: €1.3M.

 

Arbitration before ICSID between a construction company and a state claiming damages for delays in the construction of a subway line.

Jurisdiction: ICSID

Value of the dispute: USD 500M. Counterclaim: USD 713M.

 

ICSID arbitration between a construction company and a state claiming damages for delays in the construction of a subway line.

Jurisdiction: ICSID

Value of the dispute: USD 387M.

 

ICSID arbitration between a construction company and a state claiming payment for price escalation in the construction of a subway line.

Jurisdiction: ICSID

Value of the dispute: USD 269M.

 

Arbitration before the Warsaw Chamber of Commerce between a construction company and a state agency claiming payment for the price of the work and damages for improper termination of the contract for the construction of a dam.

Jurisdiction: Poland

Value of the dispute: €107M. Counterclaim: €34M.

 

Arbitration before the Arbitration and Conciliation Center of the Bogotá Chamber of Commerce between a construction company and a state agency claiming damages for geological risk in the construction of a tunnel.

Jurisdiction: Colombia

Value of the dispute: €23M.

 

Arbitration before the Arbitration and Conciliation Center of the Bogotá Chamber of Commerce between a construction company and a state agency claiming damages for unavoidable landslides during the construction of a tunnel.

Jurisdiction: Colombia

Value of the dispute: €41M.

 

Arbitration before the Civil and Commercial Arbitration Court (CIMA) between a concessionaire and a joint venture of construction companies in a claim for construction defects in the construction of a hospital.

Jurisdiction: Spain

Value of the dispute: €9,8M.

 

Ad hoc arbitration in accordance with the Canada Arbitration Act 1991 between a construction company and a state agency in a claim for damages and losses due to delays caused by lack of permits, COVID-19, and additional work in the design and construction of a highway in Canada.

Jurisdiction: Canada

Value of the dispute: CAD 150M. Counterclaim: CAD 11M.

 

Ad hoc arbitration in accordance with the Canada Arbitration Act 1991 between a construction company and a public company claiming damages for delays in the construction of a subway project.

Jurisdiction: Canada

Value of the dispute: CAD 81M.

 

Arbitration before the Civil and Commercial Arbitration Court (CIMA) for a dispute between partners in a company.

Jurisdiction: Spain

Value of the dispute: €5M.

 

Arbitration before the Civil and Commercial Arbitration Court (CIMA) in a dispute between companies that are partners in a joint venture.

Jurisdiction: Spain

Value of the dispute: €1.2M.

 

Arbitration before the American Arbitration Association between a joint venture of construction companies and a state agency claiming damages due to geological differing site conditions in relation to the construction of an undersea tunnel.

Jurisdiction: USA

Value of the dispute: USD 571M.

 

Arbitration before the Madrid Court of Arbitration between a joint venture of construction companies and a public company claiming damages for lack of project definition and price escalation.

Jurisdiction: Spain

Value of the dispute: €80M.

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M&A Transactions

 

Capital increase of a construction company in the amount of €600 million subscribed by another company through an in-kind contribution of shares in another company.

 

Merger of a construction company with assets of €5 billion absorbed into another company with assets of €8 billion, including more than 50 subsidiaries in different countries.

 

Merger of an engineering company into a construction company.

 

Cross-border merger of a Spanish company into a US company.

 

Incorporation of an engineering company in Spain and its subsidiaries in several countries.

 

Incorporation of a special purpose vehicle to acquire a construction company in the United States.

 

Merger of two construction companies in the United States.

 

Contract for the purchase all the shares of a construction company in the state of New Jersey (United States) for USD 150 million.

 

Contract for the purchase all the shares of a construction company in the state of Arizona (United States) for USD 105 million.

 

Contract for the purchase all the shares of a construction company in the state of Florida (United States) for USD 18 million.

 

Contract for the purchase of all the shares of a construction company in the state of Massachusetts (United States) for USD 18 million.

 

Contract for the purchase of all the shares of a construction company in the state of New York (United States) for USD 127 million.

 

Incorporation of a variable capital corporation in Mexico.

 

Incorporation of a real estate development company in Spain. Served as Secretary of the Board.

 

Sale of all the shares of a real estate company for €420 million.

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Integration of the various companies that made up the construction businesses of two large corporate groups in North America, with several complex corporate transactions, for USD 7 billion. Incorporation of a holding company and served as Secretary of the Board of Directors.

 

Public takeover bid on the Warsaw Stock Exchange to acquire a majority stake in a construction company in Poland for €120 million.

 

Public tender offer on the Warsaw Stock Exchange for shares in a construction company in Poland and subsequent delisting of the company.

 

Serving as a member of the Supervisory Board of a listed construction company in Poland.

 

Spin-off of a subsidiary of a construction company in favor of its majority shareholder (value of spun-off assets: €1.5 billion).

 

Segregation of a branch of activity of a construction company to form an independent branch of activity (assets value: €1.66 billion).

 

Purchase of a company specializing in railway electrical installations.

 

Purchase of a construction company in Chile.

 

Establishment of branches of a construction company in Chile, Colombia, the United Kingdom, Poland, Norway, and Sweden.

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