Practice/Industry Group Overview
Public-Private Partnership One-Pager
A Public-Private Partnership (P3) refers to a contractual arrangement between public and private sector partners pertaining to the design, construction, operation, management and/or finance of revenue generating public infrastructure facilities and projects. P3s have been used in industry sectors as diverse as roads, airports, utilities, ports, schools and hospitals. Generally, the public sector partner retains the advantages of public ownership of the facility or asset, while the private partner brings expertise in operations and management, and project execution efficiencies.
Greenberg Traurig (GT) attorneys have the combined experience and business acumen to help government and private sector clients achieve their objectives in the P3 sector. GT has the ability to quickly deploy highly focused teams of attorneys experienced in the development, construction, financing, ownership and operation of the variety of P3 amenable project types.
We bring one-stop legal services for our client’s P3 project needs, eliminating the need to rely on multiple firms to address the spectrum of legal issues typically encountered in a P3. Additionally, our extensive national and international offices, resources, and reach uniquely position us to serve projects throughout the U.S., Central and South America, Canada, the Caribbean, Europe, and Asia.
Our attorneys have represented project sponsors, banks and institutional investors, monoline insurance companies, contractors, facility operators, and state and local government agencies. Through our representation of a wide range of clients, we understand the objectives of all parties with interests in P3s, and are able to advise on how to effectively balance competing interests.
Projects on which Greenberg Traurig attorneys have been engaged extend to virtually all industries involved in P3 infrastructure transactions and other public-private arrangements, including:
- Roads, bridges and tunnels
- Rail facilities
- Airports and seaports
- Electric generation and transmission facilities
- Natural gas supply, transmission and distribution facilities
- Water and wastewater treatment plants and reclaimed water systems
- Solid waste and waster to energy facilities
- Telecommunications facilities
- Petrochemical projects
- Arenas and convention centers
- Community infrastructure development
We have participated in transactions employing the entire range of project structuring techniques and have made significant contributions to the evolution of many of those techniques. We have particular experience in the adaptation of P3 delivery structures (including D.B.O., 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.
Whether a client’s business objective is monetizing infrastructure revenue streams, financing of a new or expanded infrastructure, or efficiently managing or operating infrastructure, GT attorneys have the depth and breadth of knowledge and experience to bring the applicable project to fruition.
P3 Legal Services
- Representation of sponsors, lenders, state and local governments, and other clients in connection with the development, structuring, financing, construction and operation of a wide range of transportation and other infrastructure projects.
- Assisting private and governmental clients in the drafting of legislation underpinning key P3 infrastructure projects in the U.S. and overseas.
- Negotiating infrastructure concession agreements, lease and license agreements, privatized operations and management agreements, and sale/leaseback agreements.
- Negotiating and drafting the full range of construction agreements (including engineering, procurement and construction contracts) and construction enhancement mechanisms (including sponsor support agreements, performance bonds, guarantees and letters of credit).
- Representation in a full range of financings, including private placements, public offerings, (in both the U.S. and overseas), IPOs and Rule 144A transactions, secured and unsecured bilateral and syndicated, credit facilities, industrial development bond financing, tax-free and taxable state and local government financing.
- Negotiation and structuring of joint development, limited partnership, limited liability and other types of agreements for project participants, as well as all project-related contracts.
- Full range of tax advice, including cross-border tax issues, tax analyses, fuel excise tax controversies, tax incentive negotiations, sales tax rulings and energy tax credits.
- Advice to both international and U.S. clients on international and domestic compliance issues (including the Patriot Act and Foreign Corrupt Practices Act).