Public-Private Partnerships

Overview

A public-private partnership is a venture between a governmental entity and a for-profit or nonprofit private developer for the design, construction, financing, operation and maintenance of a facility; it may be implemented through a joint-venture agreement, long-term lease, concession agreement or otherwise. Each party contributes property and/or funding and shares in project-related risks and rewards.

Arent Fox helps clients – including local, state and federal governments as well as private developers and lenders – structure, negotiate and implement public-private partnerships across and beyond the United States.

Our lawyers offer significant experience with the highly complex arrangements public-private partnerships typically entail. We are familiar with the areas of law required for successful partnerships, and we focus on creative, value-added solutions to the issues these transactions present. Our broad range of knowledge and experience includes government procurement and contracting, taxable and tax-exempt finance, real estate, design and construction, environmental, land use and zoning, regulatory, and historic preservation and tax credits.

While Arent Fox must represent our clients zealously and seek the best terms possible for them, we recognize our responsibility to facilitate relationships that work for all parties over the long term. After gaining a thorough understanding of our client’s goals and interests for the project and how the proposed venture furthers its short- and long-term strategic plans, we listen carefully to the other party to ensure we understand its critical interests as well. Our lawyers then seek to craft a structure that results in a successful partnership – one that can last throughout the life of the project with a minimum of conflict and achieve results of which both parties are proud.