Increasingly, governments and public bodies are choosing a wide range of solutions for transferring existing public services to the private sector, including risk sharing arrangements between public and private organisations. These solutions can be highly complex, involving numerous parties with a variety of differing interests and concerns. They also vary according to the individual circumstance and require a broad range of co-ordinated legal services.
We have an established reputation in rail, roads, defence and IT. Our lawyers have also been at the forefront of the burgeoning European PPP market, and have advised on pathfinder projects in the United Kingdom, the Netherlands, Portugal and Greece.
Our team advises clients on all legal aspects relating to the structuring, financing, construction and operation of PFI and PPP projects. We have worked on the full range of transaction structures used in PPP projects, including privatisations, joint ventures, government-owned contractor-operated arrangements and outsourcing contracts. Our track record has given us a comprehensive understanding of the issues faced by all participants involved in PFI/PPP projects. We have over 100 lawyers working on PFI/PPP projects across our growing network of offices.
PFI projects and PPP transactions require lawyers who understand the right balance between the concerns of the private sector stakeholders, including the shareholders of the project company and the funders, and the needs of the public sector. Specific areas of our expertise that are of particular relevance include:
- concession agreements and related performance regimes
- construction agreements
- facilities management / operating agreements
- equipment leasing / procurement arrangements
- joint venture, consortium and other partnering arrangements
- financing arrangements, including transactions financed on a non/limited recourse basis
- contractorisation and outsourcing
- public tendering, including advising on and participating in the evaluation of tenders for public contracts
- public procurement rules.