Public-Private Partnerships & Privatizations

Public-private partnerships (also known as PPPs and P3s) enable public sector agencies and authorities to leverage private sector capital, expertise and other resources to help achieve public sector goals.  P3s are frequently used where the public sector’s ability to maintain or improve its infrastructure or other assets to meet public short- or long-term needs is hamstrung by limited funding and other resources.

Perkins Coie has a seasoned, multidisciplinary team with extensive experience representing sponsors, financing parties, contractors and governmental entities in a variety of P3 transactions throughout the United States.  Our experience spans a number of sectors, including energy production and transmission, infrastructure, real estate development, tourism and recreation, transportation, and water supply and delivery.  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, structures and strategies necessary to ensure the success of any P3 transaction.

Our attorneys have played principal roles in a diverse array of significant transactions, ranging from multistate, multibillion dollar military housing privatization projects to public-private partnerships for the development of renewable energy facilities to privatizing the operation of Chicago Midway International Airport. Examples of our P3 and privatization project experience include: 

• 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 a 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 a national developer in the development of student housing (multiunit structures) financed with private equity and 501(c)(3) private activity bonds. 
  
  
• Representation of an infrastructure fund in evaluating and preparing a bid in response to an RFP by the City of Chicago for Skyway privatization. 
  
  
• Representation of partners of a development team in the preparation of a bid in response to an RFP by the City of Chicago for the redevelopment of the international terminal at O'Hare International Airport.

With considerable experience in project development, project and public finance, real estate, construction, environmental, tax, government contracting, permitting and regulatory matters, Perkins Coie attorneys work together as a cohesive team to counsel clients on 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 Airport Concessions Disadvantaged Business Enterprise (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 assessments, 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. 
  
  
• Litigation risk assessment.

In addition to serving as strategic advisors and counselors as well as project counsel, we frequently defend clients in related litigation issues that may arise, including challenges to project approvals, contract claims and other lawsuits.  The team also has extensive experience helping clients successfully and efficiently resolve matters out of court, whether through mediation, arbitration or other alternative dispute resolution mechanisms.