Our Infrastructure and Public-Private Partnerships Group has extensive experience in providing a full range of legal services in connection with alternative financing and procurement, project finance and public-private partnerships, including infrastructure and alternative service delivery projects. We have advised parties on all sides of transactions, including governments, public sector entities, investors, developers, lenders and guarantors. In doing so, we have worked in close collaboration with other advisors, including civil servants, consultants, financial advisors and technical experts. We are thus well placed to understand the risks involved for all parties.
Eight of the projects on which we have acted for government have received awards from The Canadian Council for Public-Private Partnerships: for project finance, Niagara Health System (2009), Autoroute 25 (2007), the Abbotsford Regional Hospital and Cancer Centre (2005) and Highway 407 (1999); and for alternative service delivery, the Central North Adult Correctional Centre (2002), Driver Examination Services (2004) and the Ontario Ministry of Community Safety and Correctional Services Cook-Chill Food Production Centre (2005). Autoroute 25 and the Abbotsford project were also recognized by Project Finance Euromoney as North American P3 Deals of the Year.
Our experience makes us well suited to anticipate and solve problems and complete transactions on a cost-effective, tax-efficient and timely basis.
Our experience has enabled us to:
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Structure effective public-private partnership models.
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Structure offers and design tendering and bidding procedures.
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Manage and document major transactions.
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Advise with respect to factors likely to maximize benefits and proceeds for the public sector and at the same time to protect the public sector consistent with the protection of the public interest.
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Structure financeable transactions, including by advising with respect to the circumstances which would allow the public sector to take over a project or remedy a default, and the need to interface with any step-in-rights required by a lender following an event of default under the financing documents.
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Advise with respect to assessment of risk and risk allocation and transfer.
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Advise with respect to all aspects of construction, including structure of contracts, risk allocation, insurance and bonding.
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Advise with respect to conditions precedent to the commissioning of facilities and the commencement of operations.
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Advise with respect to contractual termination or expiration arrangements.
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Identify legal issues which will require resolution by legislation and/or regulation or by agreement with the private owner or by a combination of both.
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Serve on and advise evaluation committees.
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Advise with respect to performance management systems, including performance outcomes, expected performance levels, contract monitoring, reporting and ensuring compliance.
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Understand the political process and governmental procedures and culture.
The sectors and industries in which we have worked include the following:
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■ Airports |
■ Prisons |
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■ Driver examination services |
■ Rapid transit and rail based systems |
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■ Food production plants |
■ Real Estate |
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■ Highways, toll roads and bridges |
■ Research/Education |
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■ Hospital and hospital services |
■ Sports, recreation and community facilities |
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■ Land registry systems |
■ Telecommunications |
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■ Museums |
■ Traffic monitoring systems |
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■ Ports |
■ Utilities and energy systems. |