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Course Details

Course Information
  • smart_display Format

    Live Online with Live Q&A

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Real Property - Transactions

Date & Time
  • event Date

    Thursday, July 10, 2025

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$347.00
CLE
ALL

This CLE webinar will provide real estate and project counsel with a review of U.S. trends in public-private partnerships (P3s), analyze optimal deal structures, and provide best practices for P3 documentation to mitigate risk.

Faculty

Patrick J. O’Sullivan
Partner
Herrick, Feinstein LLP

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.

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John C. Wheatley
Of Counsel
Ballard Spahr LLP

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.

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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 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

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?