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Construction and Infrastructure: Construction and Infrastructure Project Funding

Our Construction and Infrastructure Project Funding team operates from multiple locations across our global platform, working on major projects in both developed and emerging markets across the globe. We have successfully represented the sponsors, developers, and promoters of projects as well as export credit agencies, development banks and commercial banks, investors, vendors, landowners, contractors, operators, and equipment suppliers. Our lawyers advise on all phases of the project—from the initial concept, government and regulatory issues, structuring, risk management, and development through to bidding, financing, engineering and construction, and beyond.

We collaborate with project sponsors and participants to understand the dynamics of the project from each of their perspectives. We then advise our clients on the best means of achieving their objectives and needs, drawing on the knowledge of our professionals practicing in the areas of tax, insurance coverage, environmental, employment and labor, real estate, and public utilities, among others, to implement our clients' instructions thoroughly and creatively.

This multidisciplinary, firmwide approach gives our clients seamless access to focused advice empowering them to make the best decisions for their projects and execute those decisions in the most effective manner. Our bench strength in multiple jurisdictions enables us to provide high quality representation from the earliest phases of due diligence through land acquisition, construction, operation, transfer, and decommissioning of projects.

In developing and structuring projects, we assist in multiple sectors, including governance arrangements and tax-efficient entity structures. We are familiar with international procurement laws, such as the EU procurement directives, which increasingly impact international projects. In the financing phase, our lawyers implement traditional project financing, structured finance, taxable and tax-advantaged debt, equity, and intercreditor arrangements.

Our experience with the development and financing of a wide variety of complex projects continues to give us a new, unique perspective that benefits our clients in the form of creative solutions to their transactional needs. We have the full breadth of skills needed to bring major projects to fruition across a broad range of sectors, including:

  • Energy, including oil and gas, power, and renewables
  • Transportation infrastructure 
  • Waste management
  • Social infrastructure, including education, health care, and custodial
  • Telecommunications
Financing Structures

We have extensive experience in structuring, documenting, and implementing a wide range of limited recourse financing structures for major projects, including:

  • Conventional project finance sourced from developers, sponsors, and lenders 
  • Fund investments
  • Tax credit financing
  • Tax increment financing
  • Taxable and tax-advantaged debt
  • Project and municipal bonds
  • Securitizations
  • Restructurings
Development, Engineering, and Construction

Our substantial experience in the preparation and negotiation of the full suite of contracts required to develop and implement projects on a project finance basis includes:

  • Concession agreements, licenses to exploit, and host government support agreements
  • Engineering, procurement, and construction contracts
  • Equipment supply or leasing agreements
  • Contracts for the operation and management of assets once construction is complete
  • Contracts for the purchase of fuel and feedstock
  • Offtake contracts for sales of outputs
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