Public-Private Partnerships (P3s)
We help structure, negotiate, document, and implement successful Public-Private Partnerships (P3) and their related projects throughout the nation.
Our firm conducts a practice specialty in the representation of federal, state and local government entities, private developers and sponsors, underwriters, lenders, financial advisors and insurers, among others, in P3 projects. We have been involved in some the largest P3 projects around the country, and for more than two decades, we have assisted our clients in several hundred P3 transactions around the country. We have provided legal services in a range of projects, including, most notably for:
- Highways/Toll Roads/Bridges
- Mass Transit/Rail
- Military Housing
- Higher Education (including student housing)
- Office Buildings
- Parking Facilities
- Hotels/Convention Centers
- K-12 Public Schools
Our various roles have afforded us a special perspective and invaluable insights into the unique issues and concerns of our clients. We have significant experience analyzing the underlying legal authorities and processes of governmental entities, addressing construction, land use, local government approvals and management agreements, negotiating subcontractor agreements and other issues relevant to private developer and sponsors, and addressing financing issues, securities and tax law issues, rating agency concerns, and other issues of lenders, underwriters and investors.
Our firm also has the unique experience of assisting state and local governments negotiating P4 (Public-Public-Private Partnerships) transactions with federal agencies for utilities, fire and police services, and other municipal/state services.
We provide each of our clients participating in P3 projects with numerous services, including:
- Oversight and strategic advice regarding the various elements of P3 projects, including developing the scope, procuring the private sector implementers, and creating a term sheet of the transaction
- Developing and drafting requests for qualifications and requests for proposals, and assisting developers/sponsors with developing and drafting responses to RFQs and RFPs
- Negotiation and drafting of project agreements, concession agreements, pre-development agreements, development agreements, exclusive negotiation agreements, and operation and management agreements
- Negotiating and providing advice on architectural, engineering, construction and other contracts related to development, design and construction of the projects
- Negotiation and drafting of transfer documents, including sales agreements, leases, deeds, purchase agreements, easement agreements, caretaker agreements, sale-leaseback agreements, exchange agreements and other potential agreements
- Negotiation and drafting of any financing agreements, including negotiating, structuring and drafting all documents necessary for the issuance of bonds, the procurement of loans and private equity or other types of financing for the development, including multiple financing structures, credit enhancement, swaps and other structuring tools
- Drafting or assisting in drafting development plans, feasibility studies, blight studies and similar development related documents
- Drafting legislation to broaden or create authority for P3 projects
- Review and analysis of the zoning, entitlement, development and development agreement issues relating to the implementation of the project
Providing advice on state, local and federal securities, tax and regulatory matters