Ballard Spahr is a national leader in counseling both public- and private-sector clients in alternative project delivery and, in particular, public-private partnership (P3) projects to build and improve infrastructure—from transportation systems to energy facilities to social infrastructure.
Attorneys in the firm’s P3/Infrastructure Group have negotiated and closed some of the nation’s largest and most advanced alternative project delivery transactions. Ballard Spahr’s resume of experience in the industry includes extensive experience representing federal, state, and local government agencies, universities, housing authorities, and other public sector entities, as well as private developers, investors, and lenders. The projects on which the firm has served as counsel have made a profound impact on communities across the country, and include highways, bridges, energy facilities, courthouses, ports, rail stations and other public transit infrastructure, social infrastructure, municipal infrastructure (including smart city technology), hospitals, university educational facilities, and student housing and mixed-use developments.
- I-95/I-395 HOV/HOT Lanes Project (Virginia DOT). Served as P3 counsel to the Virginia Department of Transportation (VDOT) in connection with the development of high-occupancy toll (HOT) lanes along the I-95/I-395 corridor just south of Washington, D.C., which was procured as a DBFOM project. Ballard Spahr also represented VDOT in connection with the development of HOT lanes on an extension of the I-95 HOT Lanes Project down to the Fredericksburg area (Fredericksburg Extension). Ballard Spahr structured, drafted and negotiated the Comprehensive Agreement covering the construction, operation, maintenance, and financing of the project, and worked with VDOT and VDOT's consultants on the Comprehensive Agreement.
Energy & Utilities
- Philadelphia Gas Works. Served as special counsel to the City of Philadelphia and the Philadelphia Gas Works (PGW) for the potential sale of PGW, the nation's largest municipal gas supplier. Our work included identifying and analyzing risk allocation; preparing the RFQ and RFP; reviewing bids; drafting all legal and financing contracts; handling all labor- and real estate-related matters; as well as handling all additional legal matters that arose in exploring the sale of PGW to a private entity.
- Delaware State University. Assisted Delaware State University in closing a public-private partnership transaction for the development of a student housing and dining facility on campus. We served as counsel to the university for the procurement process and for development of various project documents, as well as serving as bond counsel for financing.
- Military Housing. Represented investment bankers involved in financing the $1.1 billion privatization and rehabilitation of housing development projects in 21 Navy and Marine Corps residential communities throughout Hawaii. Ballard Spahr pioneered the use of senior, mezzanine, and subordinated debt security structures and arranged multiple securities offerings under Rule 144A and Regulation S.
- Public Housing. Represented the Philadelphia, New Orleans, and Seattle housing authorities in P3 projects that resulted in the renovation of housing projects with more than $200 million in bond financings secured by federal public housing capital grant funds and leveraged with low-income tax credit equity.