Practice/Industry Group Overview
Until recently, the United States lagged behind the rest of the world when it came to utilizing the financial resources of the private sector in developing, financing and operating major public infrastructure projects. In the past few years, however, federal, state and local governments have all recognized the benefits of entering into public-private partnerships. The transportation sector has been at the forefront of this development thus far, with water, waste, port and airport facilities and other types of municipal infrastructure expected to follow suit. Greenberg Traurig's Project and Infrastructure Finance attorneys are well placed to assist both private and municipal clients in this complex and expanding project finance area, as well as in more traditional project finance transactions.
Our team provides strategic advice coupled with an in-depth understanding of the people, customs and languages of the countries where our clients do business. We advise clients on virtually every aspect of their business from turn-key project development and redevelopment design and structuring to financing, implementation and operation. We also provide regulatory advice, handle environmental permitting and represent clients in litigation and other forms of dispute resolution.
Whether a client's business objective is the financing of multi-billion dollar power generation or ethanol facilities, oil and gas infrastructure projects, pipelines, pulp and paper mills, port facilities, airports, toll roads or sports stadiums in the United States or abroad, we use our depth and breadth of knowledge and experience to bring the applicable project to fruition.
Our practice brings together integrated, multidisciplinary teams from across the firm, including attorneys who focus on real estate, tax, labor, intellectual property and environmental law, as well as energy contracting and regulation. We also have a public utilities team with experience counseling on matters involving electric, natural gas, water, wastewater, telecommunication, stormwater, solid waste and reclaimed water utilities. Our clients include project sponsors, lenders, investors, contractors, governmental municipalities and other project participants. We also counsel municipal and other governmental entities on infrastructure privatizations and concession programs.
We are well versed in developing and implementing both traditional and innovative financing techniques to address the needs of our clients. Our attorneys have participated in transactions employing a wide range of project structuring techniques. We have particular experience in the adaptation of innovative financing structures (including B.O.O., B.O.T. and B.O.O.T) to projects in later-developing nations in order to respond to the needs of sponsors and lenders in light of local country conditions. We also have experience in structuring transactions to accommodate the requirements of the credit rating agencies.
Our attorneys have experience with the various types of project delivery options and continuously improve upon the major industry contract forms, including AIA, AGC and EJCDC forms. We have also developed contract forms that specifically address the requirements of particular projects and local conditions, both in the United States and overseas.
Our attorneys include former ambassadors, cabinet secretaries and other diplomats with hands-on experience in countries around the world. Other members of our team play leading roles in the construction industry's major trade associations. In addition, many have worked as engineers and bring to the table real-world construction and engineering experience.
Experience with A Wide Range of Projects
- Natural resources
- Water, sewer and solid waste
- Pulp and paper
- Production facilities
- Public-private partnerships
- Real estate development
- Sports stadiums and arenas
- Public housing
Project and Infrastructure Finance Legal Services
- Structuring, financing, redevelopment design, acquisition or sale of energy, utility and infrastructure projects
- Negotiating and structuring joint ventures, limited partnerships, limited liability corporations and other types of entities
- Negotiating and preparing project-related agreements, including engineering and architectural design, EPC, construction, equipment purchase and lease, supply and vendor agreements
- Advising both public and private sector clients with respect to all aspects of public-private partnerships
- Providing regulatory advice and assisting with environmental and other permitting
- Structuring and implementing innovative financing structures, insurance coverages and other enhancements (including B.O.O., B.O.T., B.O.O.T. and project bonds)
- Negotiating leveraged and synthetic leases of generating plants and fuel handling, storage and other facilities
- Undertaking tax analyses, resolving fuel excise tax controversies, negotiating tax incentives, and obtaining sales tax rulings and energy and other tax credits
- Designing and implementing secured and unsecured bilateral and syndicated credit facilities, private placements, public offerings, IPOs and Rule 144A transactions
- Developing transaction structures to accommodate credit rating agency conditions on the assignment of ratings to debt securities
- Advising on international and regulatory compliance issues, such as the Patriot Act and Foreign Corrupt Practices Act
- Undertaking loan workouts, debt restructurings and debtor-in-possession financings involving creditors committees, secured and unsecured noteholders, agents and bank groups in syndicated credit facilities and examiners and other fiduciaries
- Conducting litigation and dispute resolution