Marcos Martínez Fernández

Partner

Practice Area:

Administrative Law

Sectors

Public Procurement

Urban Planning

Real Estate, Construction and Public Works

Claims for Financial Liability against Public Authorities

Environment

Subsidies

Contentious-Administrative Litigatio

“It is important to listen to the client, not only to determine what their advice needs are and what services best suit those needs, but also to understand what the implications of the issue are for them and what they expect from you”

Experience

Legal advice to companies and state-owned enterprises, mainly in the following areas:

  • Comprehensive legal advice to public administrations, public entities and individuals in public procurement procedures by structuring all types of tenders (open procedures, simplified procedures, framework agreements, etc.), drafting specifications, issuing reports, participating in procurement committees, advising individuals on the preparation of bids, drafting appeals in administrative proceedings (e.g. special appeal in procurement matters) and in contentious administrative proceedings, resolving queries and issuing reports, etc.

  • Legal advice to public administrations, public entities and private individuals during the execution of contracts and in contractual crises (e.g. problems during the acceptance of works and other services; contract modifications; negotiation and termination of contracts; imposition of penalties; defence against contractual liability claims; claims for payment; rebalancing and price revisions, etc.).

  • Comprehensive legal advice to public administrations, public entities and private individuals on urban and environmental matters (e.g. legal advice on the drafting and processing of urban planning instruments and on the drafting and processing of land subdivision projects and urban development works; advice to Juntas de Compensación (landowners’ consortiums for urban development) and Entidades Urbanísticas de Conservación (public entities formed by the owners of the development to maintain and upkeep the urban development works and public services and facilities); appeals against all types of urban, territorial and sector-related planning instruments; defence in disciplinary proceedings on urban and activity matters; appeals against and defence of environmental permits and licences; sector-related permits, etc.).

  • Urban planning and licensing due diligence, drafting of red flag reports, preparation of reports and opinions on urban planning matters, etc.

  • Legal advice and defence in the field of financial liability claims against public authorities (e.g., medical malpractice, damage on public roads, damage caused by COVID, damage caused by changes in urban planning, etc.).

  • Advice in the preparation of applications for projects eligible for subsidies, in the procedures for the justification of expenses eligible for subsidies, in proceedings for the reimbursement of subsidies, etc.

  • Legal defence in all types of contentious-administrative proceedings and at all levels (e.g. summary proceedings, ordinary proceedings, appeals and appeals to the Supreme Court).

Qualifications

Law Degree, Universitat Autònoma de Barcelona, completed in June 1998.

Bachelor’s Degree Extraordinary Award, 1993-1998 graduating class.

Speaker at numerous conferences and lectures at various university training courses and institutions such as the Barcelona Bar Association; training for internal staff of various public administrations (including the Agencia de la Vivienda de Cataluña, the Consorcio de Servicios Universitarios de Cataluña, etc.); lecturer at conferences and congresses.

Languages: English

Publicaciones