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
- Overview and current trends with PPPs
- Various structures used in PPPs
- Benefits and risks of PPPs
- Current real estate tax deductions and incentives
- Identifying opportunities and preparing bid proposals
- Negotiating and structuring the PPP
- Capital contributions
- Distributions, allocations and other tax provisions
- Governance and control issues
- Allocating financial and legal liabilities
- Related party agreements
- 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
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.
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Available three business days after the live event
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plus $9.45 S&H
Available ten business days after the live event
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Available 24 hours after the live event
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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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CLE Credit
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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
Partner
Ballard Spahr Andrews & Ingersoll
Partner
Stroock & Stroock & Lavan
Partner
Robinson & Cole
Of Counsel
Jenner & Block
Partner
Bryan Cave
Partner
K&L Gates
Counsel
Thompson Hine
Partner
Jones Day
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