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 premium CLE webinar with Q&A

Conducted on Wednesday, April 7, 2010

Recorded event now available

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Program Materials

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.

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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
Karen Williams
Principal, Carroll Investments
Of Counsel, Lane Powell

She assists public and private developers, lenders and investors in public/private development projects. She helps...  |  Read More

David L. Winstead
David L. Winstead
Of Counsel
Ballard Spahr

Mr. Winstead concentrates his practice in real estate (private and public sectors), infrastructure issues,...  |  Read More

Samuel W. Niece
Samuel W. Niece
Counsel
Howrey

His practice focuses on government contracts counseling and litigation at both the federal and state levels. He...  |  Read More

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