Hubert Wysoczański

Practice Areas

✔️ Infrastructure, Construction

✔️ Energy, Environmental Protection, Public Procurement

✔️ Dispute Resolution

Career

Hubert Wysoczanski, Ph.D., attorney-at-law, is a partner at SSW and the head of the infrastructure practice. He also cooperates closely with the energy, public procurement and the dispute resolution teams. He is a recognised expert in construction contracts and FIDIC Conditions, and a Consulting Engineer – a member of SIDiR, the only FIDIC-affiliated organization in Poland. He has served as an adjudicator in over 15 major road construction disputes.

He has advised clients on 100+ infrastructural projects with a combined value of over EUR 100 billion. He has extensive experience on projects including offshore and onshore wind farms, PV, nuclear and conventional power plants, power lines, oil & gas plants, motorways, railways, mines, and airports. He has participated in the drafting of laws related to renewable energy.

He has recently advised on four historically biggest infrastructural projects being developed in Poland - Baltic Power’s offshore wind project is valued at EUR 4.7 billion, PGE offshore wind projects Baltica 2&3 are valued at EUR 10 billion and Polish Nuclear Power Plant’s nuclear project is valued at EUR 35 billion. The Solidarity Transport Hub mega-airport project is valued at around EUR 30 billion.

Publications

Hubert is the author of three specialist books on construction contracts, the FIDIC Conditions of Contract and infrastructure investments. These books are the first comprehensive studies on the Polish market on issues relevant to contractual and judicial practice.

◾️ "The right to vary a construction contract in the light of the FIDIC conditions", C.H. Beck 2017

◾️ "Construction Contracts. The new FIDIC Conditions", 2018, published under the auspices of the Association of Consulting Engineers and Surveyors (SIDiR)

Work Highlights

Hubert's selected credentials include:

◾️ Baltic Power (JV of Northland Power and Orlen) – lead advisor on the 1.2 GW Baltic Power offshore wind farm, a EUR 4.73 billion project and Poland’s largest project finance transaction to date. Hubert led the entire construction and procurement process, overseeing the drafting and negotiation of all major contracts, incl. monopile and TP foundations, transport & installation (T&I), offshore and onshore substations, cables, O&M base, and port lease agreements. This was the largest offshore wind project finance transaction in EU history, winning multiple international awards.

◾️ Polish Nuclear Power Plants (PEJ – Polskie Elektrownie Jądrowe sp. z o.o.) – lead advisor on Poland’s largest infrastructural project, a EUR 35 billion nuclear power plant. Advised on drafting and negotiating key construction-related contracts, including design agreements and a design & build contract for the main substation.

◾️ Central Communication Port mega airport hub – advised on the early stages of procurement and contracting of the Central Communication Port, one the biggest and most ambitious infrastructure projects currently developed in Poland valued at around EUR 30 billion.

◾️ KOMMUNALKREDIT AUSTRIA AG – advised on a transaction involving seven large-scale photovoltaic (PV) projects in Poland, with a combined capacity of 674 MW, including individual projects ranging from 120 to 140 MW, among the largest PV developments in the country.

◾️ ORLEN POŁUDNIE S.A. – advising on the development of tender documentation, contracts and contract negotiations for a unique, on a European scale, installation for the production of 2nd generation bioethanol, together with a combined heat and power plant, biogas plant, waste water treatment plant and energy infrastructure, of strategic importance for the economy, based on the guidelines of aid programmes in accordance with the principle of competitiveness. The value of the project : EUR 300 million

◾️ ORLEN POŁUDNIE – advising ORLEN POŁUDNIE S.A. on the development of complete tender documentation and a model contract with technical annexes for the construction of an oil mill with a capacity of up to 300,000 Mg of rapeseed oil. The installation includes: a rapeseed oil pressing plant with an extraction module; rapeseed, oil and meal storage facilities and a rail siding. The value of the project: approx. EUR 200 million

◾️ ORLEN – advising ORLEN S.A. on a project concerning the design, supply, turnkey construction (EPC contract) and provision of maintenance services (LTSA contract) of two extraction and counterpressure turbine sets with infrastructure at the combined heat and power plant of the production plant in Płock. The value of the EPC contract: over EUR 130 million

◾️ Wirtgen Invest Energy GmbH – provided legal, transactional, and contractual support for the Barwice Wind Farm, negotiated EPC contracts worth over EUR 56 million, including turbine supply agreements with Siemens, Balance of Plant contracts, O&M agreements, and Construction Process Management Agreement (CPMA).

Clients

✔️ Polish Nuclear Power Plants

✔️ Baltic Power, PGE Baltica, SMULDERS Projects Belgium NV (the Eiffage Group)

✔️ Orlen, Orlen Południe

✔️ KOMMUNALKREDIT AUSTRIA, Siemens Energy, Siemens Mobility, Stock Spirits Group

✔️ Solidarity Transport Hub Project/ Centralny Port Komunikacyjny sp. z o.o. (CPK), PKP PLK Group – Pomorskie Przedsiębiorstwo Mechaniczno-Torowe