Transportation and P3/Infrastructure
Ballard Spahr is at the forefront of public-private partnerships (P3s) across the country. Our exceptional strength in both public and project finance — the core of many P3 ventures — positions us as a leader in devising and implementing innovative P3 structures and financings across the nation.
Our public finance attorneys work with federal, state, and local governments, as well as private sector developers, investors, borrowers, and lenders in these types of projects:
- Convention centers
- Military and public housing
- Sports stadiums
- Transportation projects, including highways and toll roads, airport facilities, bridges, docks and seaports, and other transportation systems (including TIFIA financings, RRIF funding, and intermodal financings)
- Utility facilities
We have participated in P3 transactions as sponsor's counsel, lender's counsel, bond counsel, underwriter's counsel, borrower's counsel, credit enhancer counsel, and special tax counsel. Many of our attorneys have worked in government and have helped shape policy and shepherded public projects from concept to completion. As a result, we can anticipate and preempt potential roadblocks and drive projects forward.
Our team of public finance, transactional, real estate, environmental, governmental relations, and other attorneys work together on legislation, procurements, project contract negotiations, financing, land acquisition, permitting, construction contracts, environmental compliance, and many other aspects of these vital projects.
Toll Road Privatization and Transportation Systems Development
- We are acting as privatization counsel to help the Virginia Department of Transportation partner with Fluor-Transurban to develop and operate high-occupancy toll lanes along the I-95/395 corridor just south of Washington, D.C. The financing arrangement includes an up-front payment that will allow officials to develop and expand mass transit projects throughout the commonwealth.
- We represent the Commonwealth of Pennsylvania in the proposed P3 development, design, construction, financing, and operation of a "greenfield" marine container terminal facility and related facilities in the City of Philadelphia. We structured a flexible, competitive selection process consistent with applicable procurement laws; conducted a pre-qualification round of solicitations and subsequently prepared a detailed request for proposals, which was provided to private entities; coordinated due diligence; and prepared and negotiated confidentiality agreements. We also developed drafts of a comprehensive concession agreement and related documents and exhibits.
- We provided legal counsel to the Governor of the Commonwealth of Pennsylvania in his bid to privatize the Pennsylvania Turnpike, one of the nation's oldest toll roads. We handled an array of legal issues, including bankruptcy and creditors' rights, taxation, zoning and real estate, environmental, labor and employment, constitutional, alternative dispute resolution and sovereign immunity, and pension and benefits. We drafted proposed implementing legislation and helped to negotiate and draft the concession agreement.