Public-Private Partnerships for Real Estate Development: Contract Negotiation Strategies

Allocating and Mitigating Developer and Contractor Risks in PPP Deals

Recording of a 90-minute CLE webinar/teleconference with Q&A


Conducted on Wednesday, April 7, 2010
Recorded event now available


This CLE webinar will review how public-private partnerships (PPP) are emerging as a viable alternative to traditional financing for real estate developments. The panel will prepare counsel to contractors to identify and bid on public private partnerships and negotiate the PPP contract to allocate and mitigate risks.

Description

The limited availability of traditional bank financing requires that real estate developers pursue new strategies for funding projects. Public-private partnerships (PPPs) have emerged as an attractive alternative for developers and governmental entities to move projects ahead.

PPPs offer a number of advantages for real estate developers and governments. However, careful negotiation and structuring of the partnership agreement is necessary to avoid problems and legal liabilities for all involved parties.

Listen as our panel of real estate attorneys explains key legal considerations at the formation of a PPP to mitigate risk for the parties. The panel will outline effective strategies for contractors bidding on PPPs and in determining governance and control of the partnership to minimize financial and legal liabilities.

Outline

  1. Overview and current trends with PPPs
    1. Various structures used in PPPs
    2. Benefits and risks of PPPs
    3. Current real estate tax deductions and incentives
    4. Identifying opportunities and preparing bid proposals
  2. Negotiating and structuring the PPP
    1. Capital contributions
    2. Distributions, allocations and other tax provisions
    3. Governance and control issues
    4. Allocating financial and legal liabilities
    5. Related party agreements
    6. Exit

Benefits

The panel will review these and other key questions:

  • What federal funding and real estate tax incentives are helping to spur the increase in public-private partnerships in real estate development?
  • What are the benefits and legal risks to private developers and contractors considering a partnership with a public entity on a real estate development project? What are the benefits and risks to the public entity?
  • How can legal and practical risks to the contractor and public entity best be allocated and mitigated in the PPP contract?

Faculty

Karen Williams, Principal, Carroll Investments
Of Counsel, Lane Powell, Portland, Ore.

She assists public and private developers, lenders and investors in public/private development projects. She helps parties find common ground to design project financing and other value that can be added to make projects feasible. She provides advice about local, state and federal tax incentives, as well as urban renewal law, real estate development and financing renewable energy projects.

David L. Winstead, Of Counsel
Ballard Spahr, Washington, D.C.

He concentrates his practice in real estate (private and public sectors), infrastructure issues, stimulus spending, public-private partnerships, and public finance, as well as government contracts and legislative/regulatory matters. His career combines distinctive private and public sector experience in real estate, transportation/infrastructure development, and public policy.

Samuel W. Niece, Counsel
Howrey, San Francisco

His practice focuses on government contracts counseling and litigation at both the federal and state levels. He counsels state and local entities on contract formation issues, including privatization initiatives, and represents both governmental and private entities in bid protest and claim resolution matters.

Ordering

Online CLE - Audio Recording

Includes audio streaming of full program plus handouts (available 24 hours after live seminar).

CLE: Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*. Pre-approved for self-study credit in: AK, AZ, CO, FL, GA, MO, MT, NE, TX, VT, WA, WY.
Upon request, also available in: CT*, ID, KY, LA*, ME, NC, ND, NH, NM, NV, OR*, SC, TN, UT, WI*. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)

Online CLE Audio $149.00
Available 24 hours after the live event

How does this work?


Recorded Event

Includes full event recording plus handouts (available after live seminar).

CLE: Pre-approved for self-study credit in: AK, AZ, CA, CO, CT, FL, GA, HI, MO, MT, NE, NY, TX, VT, WA, WV, WY. Upon request, self-study credit is also available in: ID, KY, ME, ND, NH, NM, NV, OR, UT, WI. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com.

Webinar Download (Slide Presentation with Audio) $49.00
Available three business days after the live event

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DVD (Slide Presentation with Audio) $49.00 plus $9.45 S&H
Available ten business days after the live event

MP3 Download (Audio with Slide PDFs) $49.00
Available 24 hours after the live event

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CD (Audio with Slide PDFs) $49.00 plus $9.45 S&H
Available ten business days after the live event

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Program Materials

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Program Materials

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Customer Reviews

High quality content, good speakers, and convenient to do over the web.

Ed Moomjian

Udall Law Firm

All the speakers seemed extremely knowledgeable on the subject matter. Overall a very good seminar.

Stephan R. Silen

American AgCredit

The presentations provided great insight.

Josh WInslow

Pabian & Russell

Strafford’s webinars are consistently of higher quality than most other webinars.

James L. Burns

Stroock & Stroock & Lavan

The information was relevant and well presented.  The questions were good, and the speakers responded with clear knowledge.

Sheila Fox Morrison

Davis Wright Tremaine

Real Estate Law Advisory Board

David A. Barksdale

Partner

Ballard Spahr Andrews & Ingersoll

Jacob Bart

Partner

Stroock & Stroock & Lavan

Brian W. Blaesser

Partner

Robinson & Cole

Ronald B. Grais

Of Counsel

Jenner & Block

Ren R. Hayhurst

Partner

Bryan Cave

Thomas C. Homburger

Partner

K&L Gates

Susan C. Tarnower

Counsel

Thompson Hine

Clark T. Thiel

Partner

Jones Day

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