Industry domain
Infrastructure & Energy
Roads, power, renewables and transmission — concessions, project finance and the claims that follow delay.
Industry Context
Infrastructure in India is built through a small number of contractual templates and a large amount of regulation. Concession agreements under the model documents, EPC contracts, power purchase agreements approved by the state or central electricity regulatory commission, and transmission connectivity arrangements together determine who bears which risk — land, approvals, fuel or resource availability, offtake, and change in law.
The energy transition has changed the mix of work. Renewable capacity is now largely contracted through competitive bidding with tariff-based selection, which shifts negotiation from price to the bankability of the payment security mechanism and the curtailment and deviation settlement provisions. Open access, captive structures, energy storage obligations and the developing framework for green hydrogen add further layers.
Transaction Patterns
Projects generate legal work in three waves. At development: land aggregation and title, approvals and clearances, concession or PPA award and the bid documentation behind it. At financing: project finance documentation, security over project assets and receivables, escrow and trust and retention accounts, and lender direct agreements. And at operation: change in law and force majeure claims, tariff and regulatory disputes, and — very commonly — construction claims for delay and variation.
Because these projects are long-lived and the counterparty is often a government entity or a discom, dispute management is a continuing function rather than an event.
Common cases in this domain
Concessions and Public-Private Partnerships
Bid and RFP documentation review, concession agreement negotiation, consortium and shareholding arrangements, state support and viability gap funding agreements, and termination payment and buy-out mechanics.
Power Purchase and Offtake
Power purchase agreements and tariff-based competitive bidding documentation, payment security and letter of credit mechanisms, open access and captive consumption structures, banking and wheeling arrangements, and deviation settlement and curtailment provisions.
Project Finance
Rupee and foreign currency project debt, security over project assets, land and receivables, trust and retention account arrangements, lender direct agreements and substitution rights, refinancing, and InvIT and asset monetisation structures.
Construction and EPC
EPC and turnkey contracts, split contract structures, operation and maintenance agreements, performance security and liquidated damages, extension of time and variation machinery, and back-to-back subcontracting.
Land, Right of Way and Clearances
Land aggregation and title investigation for linear and site-based projects, right of way and easement arrangements, land acquisition and rehabilitation issues, environmental and forest clearance, and consents to establish and operate.
Regulatory and Claims Disputes
Petitions before the state and central electricity regulatory commissions, appeals to the Appellate Tribunal for Electricity, change in law and force majeure claims, construction arbitrations on delay and variation, and enforcement of awards against public sector counterparties.
Representative Work
Factual descriptions of the kind of work handled in this sector. Client names and identifying details are omitted, and nothing here is a representation about the outcome of any case.
- Advised on the financing documentation for capital city infrastructure development, including security over project land and receivables.
- Acted for a renewable energy platform on ECB documentation for a foreign currency facility.
- Represented a contractor in arbitration on delay and variation claims arising out of a road project.
- Advised an industrial consumer on an open access and captive consumption structure for renewable power.
- Advised on land aggregation and title investigation for a linear infrastructure alignment across multiple revenue villages.
- Acted for a developer on EPC and O&M contract negotiation for a solar project, including performance security and liquidated damages.
Regulators and Forums
The authorities, tribunals and courts that cases in this sector most often involve.
- Central Electricity Regulatory Commission; Telangana, Andhra Pradesh and Karnataka State Electricity Regulatory Commissions
- Appellate Tribunal for Electricity
- Ministry of New and Renewable Energy; Solar Energy Corporation of India
- National Highways Authority of India; state road development corporations
- State Pollution Control Boards; State and central Environment Impact Assessment Authorities
- APCRDA; HMDA; state industrial infrastructure corporations
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Frequently Asked Questions
General information about legal issues in this sector. It is not legal advice and does not create a lawyer–client relationship.
Our discom is delaying payment under the PPA. What are the options?
Start with the contractual payment security — late payment surcharge, letter of credit drawdown, and any escrow or tripartite arrangement. Where that is inadequate, a petition before the relevant electricity regulatory commission is the usual route, with appeal to the Appellate Tribunal for Electricity. Regulatory recovery is generally more effective than a civil suit in this sector, and the contractual notice requirements need to be met carefully first.
What is a change in law claim worth in practice?
It depends entirely on how the concession or PPA defines change in law and the relief it provides — restitution to the same economic position, a tariff adjustment, or a lump sum. Claims stand or fall on the causal link between the legal change and the specific cost increase, and on contemporaneous documentation. Notice within the contractual period is usually a precondition, and missing it is the most common reason a good claim fails.
Who bears land acquisition risk on a PPP project?
The model concession documents typically place a specified proportion of right of way with the authority as a condition precedent, with extension of time and sometimes damages if it is not provided. In practice, partial availability is common and creates disputes about whether the project could have commenced. We advise on how the milestone and extension provisions interact before the bid is submitted, not after.
Can we monetise an operating asset?
Yes — through refinancing, a stake sale, an InvIT, or a toll-operate-transfer style arrangement, depending on the asset and what the concession permits. The concession's assignment and change-of-control provisions and the lenders' consent requirements usually determine which routes are actually available.
Related services
Practice areas that serve this domain
Real Estate
Land acquisition, development structures, RERA compliance and project documentation across the Telugu states and Karnataka.
Banking & Finance
Lending, borrowing and security across rupee and foreign currency structures — from term sheet to enforcement.
Litigation
Civil and commercial litigation, company and insolvency proceedings, writs and appeals, before the courts and tribunals of South India.
ADR
Arbitration, mediation and conciliation, and the interim relief that often shapes settlement long before a hearing.
Corporate Advisory
Acquisitions, investments, joint ventures and reorganisations — structured for the regulatory reality they have to survive.