Leveraging Public-Private Partnerships for Project Development: Deal Structures and Documentation

Course Details
- smart_display Format
Live Online with Live Q&A
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Real Property - Transactions
- event Date
Thursday, July 10, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will provide real estate and project counsel with a review of U.S. trends in public-private partnerships (P3s) including onshoring, analyze optimal deal structures, and provide best practices for P3 documentation to mitigate risk.
Faculty

Mr. O’Sullivan represents developers, investors, governmental entities and not-for-profit institutions on a range of real estate matters with a focus on development issues, particularly those that arise in public-private transactions. He has represented clients on a range of complex transactions for properties across the U.S., including acquisitions and dispositions, large-scale developments, joint ventures, construction projects, and public and private financings.

Mr. Wheatley represents public and private entities, and financing parties, on complex transactions and real estate transactions, with a particular emphasis on public-private partnership (P3) infrastructure and other alternative delivery platforms. His recent experience includes acting as counsel for public entities on design-build, progressive design-build, CMGC, DBF, and DBFOM alternative delivery infrastructure procurements and contract negotiations (to include transportation, energy, and social infrastructure), as well as representing well-known public entities on post-execution servicing matters. Mr. Wheatley’s extensive experience includes the drafting and review of complex procurement, project agreements, and financing documentation, in addition to working with tax-exempt bonds and other innovative financing structures.

Ms. Mennone is a seasoned leader in urban renewal and development and is recognized for her ability to take new public-private projects from nascent concepts into successful realities and add measurable value to the communities and organizations she serves. She is adept at connecting stakeholders, negotiating and identifying scarce resources for projects that involve multiple parties that often have competing interests. Ms. Mennone’s work includes developing organizations, establishing governance, and building strategic partnerships. She advises her clients on public-private partnerships (P3s) that are large in scale and uniquely complex and manages the funding sources and finds resources for all manners of P3 projects. Ms. Mennone has experience with large federal grant programs, Property Assessed Clean Energy, State and Federal Historic Tax Credits, New Market Tax Credits, Low Income Housing Tax Credits, American Rescue Plan Act regulations and eligibility and many more funding vehicles.
Description
In the past decade, the public sector has implemented innovative uses of P3s to meet the challenges of decaying facilities and infrastructure. More states have passed broad laws enabling their use for construction of a wide range of public projects. But structuring a P3 requires achieving a balance between the private sector's need for early capital and the public sector's need to limit risk.
New opportunities, including the current national focus on bringing manufacturing back to the U.S., require potential private partners and their counsel to understand the many different P3 structures, each of which allocates risk and control differently. Financing available in the public arena includes tax increment financing, PILOT programs, improvement districts, sales tax sharing, and tax abatements. Counsel must be able to navigate the documentation processes for each.
The debt-equity capital stack will vary with each deal. Most projects will also have a temporary financing structure during construction followed by a permanent structure upon completion or some later point. The public sector has numerous capital sources that can lower the cost of capital for public/private projects, including municipal bonds and tax credits. P3 counsel must understand the structures of each and how they fit into the lifecycle of the transaction.
Listen as our authoritative panel discusses how counsel to private developers and investors can knowledgeably leverage the opportunities of P3 projects, decide which is the optimal deal structure, and provide best practices for P3 documentation to mitigate risk.
Outline
I. Market trends and P3 project opportunities
A. Increasing demand to reshore manufacturing, among other trends
II. Delivery models
III. Creating the optimal deal structure
IV. Project documentation
Benefits
The panel will review these and other key issues:
- What factors determine which P3 structure is optimal for a particular type of project?
- What is the difference between the various delivery models?
- What are the respective risks of different delivery models for project developers and sponsors?
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