Public-Private Partnerships & Privatizations

Public-private Partnerships (P3) involve structuring partnerships between public sector agencies and authorities, and private sector companies for the purpose of stimulating mutual economic opportunities and economic development.  P3 transactions are being looked to by municipalities across the country to stabilize budgets and provide flexibility with the operations of facilities and the provisions of services traditionally provided by local governments.

Perkins Coie has a seasoned, multi-disciplinary team with extensive experience representing sponsors, financing parties, contractors, airport concession operators and governmental entities in a variety of P3 transactions, throughout the United States. Our experience spans a number of sectors, including energy production & transmission, infrastructure, real estate development, airport concessions, tourism & recreation, transportation and water supply & delivery, structuring partnerships for the development and operation of airport concessions, among others. We offer an extensive track record in effectively addressing a wide range of legal issues associated with these complex projects, working with our clients to formulate the terms, conditions, structure and strategy necessary to ensure the successful completion of any P3 transaction.

Our attorneys have played principal roles in a diverse array of significant transactions, ranging from multi-state, multi-billion dollar military housing privatization projects, to public-private partnerships for the development of renewable energy facilities, to privatizing the operation of the Chicago Midway Airport. A representative sample of our P3 and Privatization project experience includes the following:

• Representation of a city in its public-private partnership with a private developer in a large-scale economic revitalization project involving the redevelopment of over 200 acres of property, including former landfill site.
• Representation of multiple project companies engaged in or involved with housing, water and/or electrical infrastructure privatization projects for the U.S. military or on U.S. military installations.
• Representation of the government of the Czech Republic in the privatization of its oil refineries and partnerships with major oil producers for the development and operation of the refineries.
• Representation of a state in its proposed sale-and-leaseback of federally-funded and municipally-owned water and sewer facilities and related agreement with the U.S. Environmental Protection Agency.
• Representation of national developer in the development of student housing (multi unit structures) financed with private equity and 501 c (3) private activity bonds.
• Represented infrastructure fund in evaluating and preparing bid in response to RFP by the City of Chicago for Skyway privatization.
• Represented partners of development team in preparation of bid in response to an RFP by the City of Chicago for the redevelopment of the international terminal at O'Hare Airport.

With considerable experience in project development, project and public finance, real estate, environmental, tax, government contracting, permitting and regulatory matters, Perkins Coie attorneys work together as a cohesive team to counsel clients with regard to the full spectrum of complex and challenging issues that can arise in P3 and Privatization transactions, including:

• the application of governmental rules, regulations and practices (including ACDBE and Department of Transportation joint venture guideline issues);
• U.S. and international government contract matters, including procurement procedures;
• jurisdictional issues;
• site selection and unique real estate and land use issues;
• development, construction and operating agreements and related licensing and regulatory matters;
• environmental impact assessment, permitting and licensing;
• environmental contamination, including superfund issues;
• completion of loan and other financial assistance applications and related review processes;
• preparation of disclosure documents in capital market financings; and
• litigation risk assessment.