PPP and PFI

The Practice

The Arthur Cox PPP/PFI practice forms part of the firm’s broader Infrastructure, Construction & Utilities Group. We deliver an end to end service for contracting authorities, sponsors, funders, sub-contractors and design teams on all aspects of delivering PPPs/PFIs.

Expertise

We have been involved in more PPP transactions than any other law firm in Ireland.  Our track record is without peer.

Our team includes members with unparalleled expertise in the full range of legal disciplines required for effective and timely delivery of PPP/PFI projects including:

  • advising awarding authorities, sponsors and banks on PPP/PFI project agreements and associated contract documentation;
  • drafting and negotiating principal sub contracts; design team appointments; and associated collateral and step-in agreements;
  • drafting and negotiating all equity participation and shareholder documentation and devising innovative joint venture and holding company structures;
  • advising in relation to private placements, funds and limited partnership participation in PPP structures;
  • drafting and negotiating funding and security documents including advising in respect of the participation of multilateral funding agencies;
  • navigating the procurement rules to devise robust and commercially focused procurement processes for awarding authorities, bidders and funders;
  • advising and representing awarding authorities and unsuccessful bidders in relation to the management and resolution of procurement disputes;
  • advising on secondary market PPP transactions for both buyers and sellers of PPP equity stakes;
  • advising on multilateral funder participation in PPPs including EIB, pension funds and project bond investors; devising structures to facilitate “super senior” ranking; and
  • advising on all related legal issues, such as vires, governance, property, planning, environmental, construction, pensions, tax and employment law, as required.

Experience

Recent experience includes advising:

  • BAM PPP on the refinancing of the Schools Bundle 4 PPP
  • BAM PPP on the refinancing of the M11 Roads PPP
  • on a number of current PPP refinancing transactions (all on the borrower side)
  • BAM PPP PGGM on the Courts PPP Project
  • BAM PPP PGGM on the Schools Bundle 4 PPP Project
  • Celtic Roads Group on the operation of the M1, N25 and M7/M8 Roads PPP Projects
  • Globalvia on the operation of the M50 PPP
  • N6 Limited on the operation of the N6 PPP
  • Eurolink on the operation of the M3 Roads PPP
  • PPP Co on the operation of the Convention Centre Dublin PPP
  • Barclays Bank on the Cork School of Music and pilot schools PPP Projects
  • PPP Co on the operation of the Maritime College PPP Project
  • Covanta on all aspects of the Dublin Waste to Energy Project (awarded Best Waste Project at Partnerships Bulletin 2015)
  • Natixis, the European Investment Bank, Bank of Ireland and Société Générale on the N17/N18 Gort to Tuam PPP Roads Project, for which Arthur Cox won the prestigious ‘Europe PPP Deal of the Year 2014’ awarded by Thomson Reuters’ Project Finance International magazine
  • the National Development Finance Agency (NDFA) in relation to the Schools Bundle 1 PPP Project, Schools Bundle 2 PPP Project and Schools Bundle 3 PPP Project.  Previously developed, with the NDFA, the template Project Agreement for use on all PPP accommodation projects in Ireland
  • SuperStop, the successful bidder on the Motorway Service Areas Tranche 1 PPP Project
  • DIF (Dutch Infrastructure Fund) on a number of secondary market transactions, including M50 Roads PPP and N6 Roads PPP
  • Cintra on its sale of an interest in the M4 PPP Project
  • NTR plc on the sale of a number of interests in the M1, N25 and M7 PPP Projects