Structuring Public-Private Partnership Agreements: Leveraging the New EJCDC Standard P3 Contract Form

Understanding Design, Construction, Financing, Operation, Maintenance, Revenue and Management Provisions

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


Conducted on Thursday, October 15, 2015

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will examine the new Engineers Joint Contract Documents Committee (EJCDC) standard P3 contract form and discuss key provisions in the contract including design, finance terms, construction, operation and maintenance. The program will instruct you on how to leverage this new P3 agreement to assist clients in the development of P3 projects.

Description

As governments continue to confront increasing budget constraints and competing funding priorities, public-private partnerships have become a growing and critical source of infrastructure development for a diverse group of projects such as convention centers, airports, courthouses, water and wastewater systems, schools, affordable and military housing, university housing and campus improvements, hospitals, urban renewal property assembly, and mixed use developments.

Public-private partnership contracts outlining the project development are complex documents that are time-consuming to draft and negotiate. In late 2014, the EJCDC published a standard P3 contract assimilating best practices from many P3 agreements currently utilized. The document received input from all stakeholders in P3 projects—owners, attorneys, financiers, developers, contractors, and design professionals.

The EJCDC contract addresses design, terms of financing, construction, operation and maintenance of the project, keeping in mind various jurisdictional statutes and regulations. Counsel representing parties to P3 projects should be knowledgeable with this new standard P3 agreement and leverage the agreement to streamline contact negotiations and assist the client in reducing the expense of the contract phase of the P3 project.

Listen as our authoritative panel of real estate attorneys walks you through the new EJCDC standard P3 contract with particular emphasis on the design, finance terms, construction, operation and maintenance provisions of the form contract. The panel will instruct you on how to leverage this new P3 agreement to assist clients in the development of P3 projects.

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Outline

  1. Project design terms
  2. Terms of financing
  3. Construction specification
  4. Operation provisions
  5. Maintenance provisions

Benefits

The panel will review these and other key issues:

  • How can the EJCDC P3 agreement assist in streamlining the contract development process and reduce transaction costs?
  • What current P3 agreements were reviewed and consulted in drafting the EJCDC P3 agreement?
  • What issues does the EJCDC P3 agreement not address that will require further drafting to fit the particular P3 project?

Faculty

Justin L. Weisberg
Justin L. Weisberg

Partner
Arnstein & Lehr

Mr. Weisberg is chair of his firm’s construction practice group. His practice focuses on construction...  |  Read More

Chris Matthews
Chris Matthews
Certified Project Manager
ARCADIS

Mr. Matthews has more than 44 years of experience on design-build projects. For more than 15 years, he has been a...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

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