Public-Private Project Development

In an era of tight economic conditions, federal, state and local governments struggle to balance shrinking budgets and simultaneously drive economic growth and satisfy public demand for infrastructure and other public improvements. Meanwhile, private businesses and investors continue to seek opportunities for growth, expansion, and stable investment.

Dorsey provides comprehensive counsel to both public and private sector clients to create cooperative public-private partnerships. With a depth of knowledge and talent across multiple disciplines, Dorsey uses its resources to help clients navigate the legal, financial, business, and political complexities and nuances that move public-private projects forward.

The Public-Private Project Development (P3D) industry group is dedicated to serving clients who recognize the need to harness the unique strengths of both public and private sectors to create long-term solutions to the infrastructure and economic development issues that face communities today. With our guidance, Dorsey clients are able to structure public-private partnerships that leverage public authority and investment to attract private capital; and that leverage private investment, experience and expertise to reinvent the process of delivering and operating public assets.

Our P3D lawyers understand that well-designed and maintained infrastructure is a catalyst for economic development and that the public and private sectors are equally committed to the promotion of high-quality jobs, real estate and business development, and healthy communities. With an in-depth knowledge of the many development and finance techniques available to achieve these ends, our P3D lawyers can partner with you to help you create a synergistic public/private relationship that will produce results far greater than the sum of what could be achieved if each sector were working individually.

Whether you are a public entity looking to improve and expand infrastructure, promote economic development, increase your tax base, or create new jobs; or a private entity looking to employ your capital, experience and skill in the delivery of public assets, or intent on capitalizing on public incentives available to create jobs, finance projects, and grow your own business, Dorsey is prepared to help you compete and succeed in the new project development climate that rewards cooperation and applauds strategic risk allocation.

We employ a full range of legal experts to successfully create public-private opportunities for our clients and carry those projects from concept to completion. Our clients include developers, government entities and public issuers, 501(c)(3) organizations, lenders, sports franchises, underwriters, guarantors, private businesses entities, contractors, suppliers, investors, and consultants. Our representation of these and other parties provides us valuable insight into the negotiation posture of all participants involved in any given deal. We regularly provide advice, assistance, and solutions related to the following:

      • due diligence
      • strategic planning
      • tax structuring
      • public finance
      • corporate finance
      • development and use agreements
      • legislation
      • design and construction agreements
      • contractor and supplier agreements
      • municipal land use
      • funding/grant agreements
      • environmental review and permitting
      • real estate
      • labor and employment
      • government relations
      • contract defaults, remedies & litigation
      • leasing
      • joint venture and partnership agreements

In addition to our deep experience in these and other traditional practice areas, our P3D lawyers are uniquely qualified to assist with new and innovative project structures. Our international practice has been successful in using the public-private partnership (PPP) development model for infrastructure projects and in negotiating and legislating other creative financing techniques when projects fail to meet the criteria established for standard incentives or when public and private entities share a common goal and standard incentives prove insufficient to benefit both parties equally.