Project Development and P3

Duane Morris LLP provides a full range of legal experience to complete sophisticated, highly structured domestic and international project financings and project development. Our lawyers have been active in project finance, project development and adaptive re-use transactions for decades, representing public-private partnerships, private owners and governmental entities.

We advise clients on:

  • Initial feasibility review, acquisition, development, and the financing of the funding necessary to launch large scale projects;
  • Restructuring and refinancing of existing projects;
  • Environmental, commercial, energy and other regulatory issues associated with construction and operation of infrastructure projects;
  • Risk sharing and risk management;
  • Construction, development and real estate matters; and
  • Permits, zoning and incentives.

Duane Morris attorneys counsel clients engaging in a wide range of industrial, commercial and infrastructure projects, including power generation, waste management, water and mineral resources, air and surface transportation facilities, ports, railroads, airports and other infrastructure projects, as well as telecommunications, healthcare and diverse industrial, commercial and manufacturing facilities worldwide. Together with the support of environmental, tax, public finance, real estate, securities and insurance lawyers, we deliver an integrated capability to developers, issuers, project lenders, underwriters and governmental/regulatory bodies.

In addition to traditional project finance models, our corporate finance attorneys analyze, structure, negotiate and document a full array of project finance vehicles, off-balance sheet and limited recourse financing, leveraged lease and other structured equipment financing, industrial revenue bond financing, and build-own-operate/build-own-transfer (BOO/BOT) structures. Our attorneys often develop innovative project finance vehicles, such as lease-securitized tax-exempt bond financing, private activity bonds and 144-A debt offerings. Our attorneys also have experience representing developers seeking financing from multilateral institutions, export credit and development agencies.

Public-Private Partnerships

Public infrastructure is increasingly being designed, financed, built and managed through public-private partnerships (“P3”). Duane Morris lawyers have skillfully negotiated numerous arrangements in a variety of P3 projects and are experienced in working for U.S., state and local governments, as well as developers, lenders and other private sector firms. Our work has included some of the largest and most complex projects ever undertaken. The blend of experience coupled with our real estate, construction and project finance team offers our clients a unique perspective that is often critical in establishing properly aligned incentives that are the foundation for successful public-private partnerships.

Our attorneys’ experience with P3 projects includes development and financing agreements, ground leases, design and construction contracts, development and procurement agreements, availability payment arrangements, operation and maintenance agreements, condemnation and right of way arrangements, environmental permitting, zoning and land use approvals, and other project agreements. Our work also includes P3 multifamily and student housing projects involving real estate acquisitions, development and syndication agreements, dispositions and specialized leasing and financing of all product types.

Our client relationships and our extensive contacts with investment banks, financing sources and business intermediaries enables us to help clients with their existing portfolios and to source and identify new opportunities.

For More Information

For more information, please contact Joel N. EphrossBrad A. Molotsky or any of the practice members referenced in the Attorney Listing.

Representative Matters