Infrastructure

As one of the leading law firms representing the construction, design and engineering industries, we have extensive experience in advising on all aspects of the procurement and construction of major projects internationally. Our lawyers work on complex and high-value projects and are used to developing and implementing innovative solutions to enhance timely project delivery.

We are familiar with the wide range of documents used in the construction of complex projects, including the different construction contracts (including DB, BOO, BOOT, EPC and EPCM); “drop down” agreements in PPP projects; joint venture and teaming agreements among sponsors, contractors and equity providers and subcontracts.

Our Corporate Practice has extensive experience acting for public and private companies in all areas of corporate activity related to infrastructure projects including structuring, due diligence and acquisitions, private placements, partnership structures, joint ventures and project support. Our team acts for all types of investors and investment companies in the primary and the secondary infrastructure markets.

Whether the financing is from the bank debt market or capital markets, project finance transactions are a core area of our Financial Services Practice. Our expertise covers the entire range of bank debt and bond finance solutions, acting for sponsors, commercial lenders, development banks and multilateral agencies. We have financed projects in the primary and secondary markets, from straightforward capital lines to multitiered, multicurrency, cross-border syndications. Finance specialists in each jurisdiction work as part of the multidisciplinary team bringing their particular local finance expertise to the project including specialized areas such as public finance in the US, development bank finance, export credit finance and capital markets expertise across all the offices in which we do business.

We advise clients throughout the life of a project, including in the construction and operational periods, across the full range of issues that might affect an infrastructure project and the entities involved. Examples of the work we do include contractual variations, assisting with benchmarking and market testing processes, efficiency analysis and “red flag” reviews, and debt refinancing, as well as advising on disputes.

In the US, our public finance lawyers use sophisticated tools to achieve client goals, including bond offerings, tax increment financing, urban renewal and swaps, and other financial derivatives. We are experienced in the financing of every category of public infrastructure including cultural and nonprofit institutions, education and healthcare facilities, sports and entertainment venues, and solid waste, drinking water and pollution control facilities. Whether through PPPs or directly on behalf of governmental bodies, we are experienced in identifying the issues and overcoming the challenges in all types of tax-driven financing techniques.

One of the key elements of a successful strategy in infrastructure development is a law firm that combines traditional finance and other legal disciplines with an experienced governmental affairs capacity. Governmental approvals of and financial support for public infrastructure are often essential to a successful project undertaking. For many years, we have been widely recognized as one of the preeminent public policy law firms in the US and around the world. Our collective knowledge of “how government works” derives from the skill and experience of our lawyers and policy advisers, many of whom joined the firm from senior positions in a federal administrative or regulatory agency.

Our PPP experts have worked at the forefront of innovations in the use of PPPs for the delivery of economic and social infrastructure since its inception more than 15 years ago. Our clients are looking for the delivery of efficient and flexible outcomes through partnerships between public and private sector participants that deliver value for money and long-term benefits for the public sector. The PPP team spans our network and has been involved in the delivery of PPP projects across sectors and using the differing approaches to PPPs adopted in North America, the Middle East, Europe, Asia and Australia.

For a number of years, the team has advised infrastructure funds on acquisitions and disposals in the secondary PPP market. While these transactions tend to be buying or selling equity interests in operational PPP companies, we also advise on schemes still in construction. Over the last couple of years the team has advised on some of the largest secondary market portfolio transactions to date. Significantly, as the secondary market expands out of its traditional base in the UK, we have the capability to bring together the infrastructure, corporate and finance capabilities required to advise clients across the globe, particularly in the growing secondary markets in North America, Western Europe and Australia.

Infrastructure projects often require a bespoke approach to their structuring and procurement. We have acted on infrastructure projects across the world and bring to our clients the experience of global best practice in procurement, tendering and bidding for projects. Our expertise includes navigating the procurement requirements of regions, countries and different regulatory regimes.