Public-Private Partnerships



As an early participant in the development of the public-private partnership (P3) model in the U.S., we’re experienced and uniquely positioned to help clients implement P3s and other alternative procurement methodologies. Our attorneys worked on most of the major U.S. P3 transactions of recent years, representing public owners, private-sector consortia, construction companies, operators, underwriters, lenders and bond issuers.

Our approach

Our long history of financing public sector infrastructure gives us a deep understanding of the motivations behind the P3 model, as well as its benefits and pitfalls.

With one of the nation’s largest and most respected Public Finance practices, we know how to access municipal bond financing in P3 projects and how to address the myriad tax issues that arise in this context.

Our attorneys have extensive experience in the P3 space’s active sectors, including transportation (roads, bridges, tunnels and airports), water and waste-water, student housing and social infrastructure and solid waste. We stay abreast of the issues and challenges facing our clients in these sectors and actively engage in a wide range of industry groups, allowing us to propose innovative solutions to our clients’ issues on a real-time basis.

Who we work with

  • Private sector sponsors
  • Underwriters
  • Lenders
  • States and local municipalities
  • Design-build teams
  • Operators

Relevant experience

Projects on which our attorneys have worked include:

  • Issuer’s counsel on LAX Automated People-Mover Project in California
  • P3 counsel to the public owner on the Phoenix Sky Harbor International Airport in Arizona
  • P3 counsel to the public owner on the Westchester County Airport in New York
  • Issuer’s counsel in the financing of the $4B LaGuardia Terminal B Project in New York (one of the largest P3s in the U.S. to date)
  • Lenders counsel for a short-listed bidder on the I-70 Project in Colorado
  • Issuers counsel for the I-66 Outside the Beltway Project in Virginia
  • Lenders counsel for a short-listed bidder on the Indiana Courthouse Project
  • Lenders counsel for a short-listed bidder on the Purple Line Project in Virginia
  • Financing parties in the Long Beach Civic Center Project in California
  • Financing parties’ counsel for a short-listed bidder on the $1.2B University of California Merced Campus Expansion P3 in California
  • Financing parties’ counsel to a short-listed bidder on the Long Beach Courthouse P3 in California
  • P3 counsel to a short-listed consortium on the South Port P3 Project in Pennsylvania
  • Acting for lenders in connection with a proposal to Pennsylvania’s Northampton County for its Bridge Rehabilitation and Replacement P3 Project
  • Lenders’ counsel for a short-listed bidder in the financing of Harbor Bridge in Texas
  • Lenders’ counsel for a short-listed bidder on the SH 288 Project in Texas
  • Represented the lenders to a short-listed bidding team in connection with the I-285 & SR 400 Reconstruction DBF Project in Georgia
  • Equity counsel in the financing for the I-4 Ultimate Project in Florida
  • Lenders counsel on shortlisted bidding team for Denver FasTracks P3 Project in Colorado
  • Lenders’ counsel to the successful bidder on Goethals Bridge P3 in New York (awarded Infrastructure Journal’s “Deal of the Year”)
  • P3 counsel to the public owner in connection with the Rialto Water Project in California
  • Acted as underwriters’ counsel, and subsequently as bond counsel and disclosure counsel, in connection with the Dulles Toll Road in Virginia

Cautious welcome for NJ P3 bill

P3 Bulletin | July 26, 2018

New York City Project Finance and Public Finance partner Roddy Devlin is quoted in this article discussing a recent bill passed by New Jersey legislators that could increase the frequency of public-private partnership (P3) projects.

Podcast: The art of the P3

The Bond Buyer | June 22, 2018

New York City public finance and project finance partner Roddy Devlin is a guest on the Bond Buyer podcast and shares his experience in public-private partnerships, infrastructure and design build; and discusses Nixon Peabody’s strength in the growing P3 sector.

Treasury IRS propose rules to facilitate investment in bond-financed infrastructure

Bond Buyer | June 12, 2018

Washington, DC, project finance and public finance partner Mitch Rapaport is quoted in this article on a move by the Treasury Department and IRA to clarify rules governing “the use of tax-exempt bonds in connection with public-private partnership projects.”

Nixon Peabody scoops up P3, project finance pro in NY

Law360 | May 25, 2018

Media coverage of the arrival of New York City public finance and project finance partner Roderick “Roddy” Devlin continues with this profile in Law360, which highlights some of Roddy’s largest recent deals, including the $4 billion public-private partnership to upgrade New York’s LaGuardia Airport.

Nixon Peabody beefs up NY real estate group with new partner, new practice

American Lawyer | May 24, 2018

Affordable housing and real estate partner Erica Buckley and project finance and public finance partner Roddy Devlin are both quoted in this article announcing an expansion of our real estate practice in New York City.

New remedial actions for tax-advantaged bonds and P3s

Law360 | April 20, 2018

Nixon Peabody public finance partners Travis Gibbs of San Francisco and Mitch Rappaport, Bruce Serchuk and Carla Young of Washington DC co-wrote this analysis on the new IRS procedures that can be used “to cure impermissible use of bond-financed projects.”

Public-private partnerships see limited application in NY

Rochester Business Journal | November 17, 2017

Rochester real estate partner Bruce Baker and New York City global finance counsel Alex Yim were quoted in this feature on the increasing use of public-private partnerships to fund projects in cities across the U.S.

First-half muni issuance was down in the Northeast

The Bond Buyer | August 18, 2017

This coverage notes Nixon Peabody’s jump from ninth to fourth place in Thomson Reuters’ list of top bond counsel for Northeast bond issuance for the first half of 2017.

Contacts

Kenneth C. Lind

Partner
Team Leader, Project Finance and Public Finance

klind@nixonpeabody.com

Phone: 212-940-3005

Roderick N. Devlin

Partner

rdevlin@nixonpeabody.com

Phone: 212-940-3737

Scott R. Singer

Partner

ssinger@nixonpeabody.com

Phone: 212-940-3182

Virginia Wong

Partner

vwong@nixonpeabody.com

Phone: 212-940-3028

Elizabeth M. Columbo

Partner

ecolumbo@nixonpeabody.com

Phone: 212-940-3183

Michael A. Vaccari

Senior Counsel

mvaccari@nixonpeabody.com

Phone: 212-940-3108

  • Recognized by U.S. News-Best Lawyers 2018 as a national Tier 1 leader for Public Finance Law
  • Consistently ranked by Thomson Reuters among the top bond counsel and underwriter’s counsel in the country, and among the most active disclosure and special tax counsel
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