Infrastructure and Public-Private Partnerships
Quarles & Brady’s Infrastructure Team represents clients on high-profile infrastructure and public-private partnership (P3) projects. Our multi-disciplinary infrastructure team provides clients with superior value by bringing together lawyers with the corporate, real estate, environmental, tax, transportation, and state and local government experience necessary to successfully complete complex projects.
We pride ourselves on maintaining the highest level of infrastructure-related insights, not only about the relevant legal, legislative, and regulatory framework that applies to any given transaction, but also about related developments in the political arena that can affect the transaction’s outcome or terms. We have significant knowledge of state and local government operations, customs, and practices, and that knowledge informs our strategic advice.
Because our team includes lawyers that served in government roles early in their careers, we understand the unique issues facing governmental entities and the sensitivities of intergovernmental relations.
Our attorneys have excellent working relationships with key governmental decision-makers on infrastructure projects, particularly those with state transportation agencies and tolling authorities. We also have considerable experience with stakeholders that weigh in on, and sometimes oppose, infrastructure projects, including environmental not-for-profits and railroad companies.
Our experience includes:
- Serving as lead counsel to a real estate investment trust in a public-private partnership to develop, finance, construct, operate, and maintain a toll bridge project in southwest suburban Chicago. As part of that project, we are drafting and negotiating various project agreements, including a four-way memorandum of understanding, a bridge and ground lease, and a tolling agreement; securing the necessary federal, state, and local permits and approvals; and providing advice on transportation, real estate, corporate, tax, insurance, and environmental issues.
- Representing a publicly traded infrastructure company in its acquisition, financing, and re-financing of a district cooling system that serves downtown Chicago.
- Drafting and negotiating various project agreements, including engineering, procurement, and construction (EPC) contracts, leases, non-disclosure agreements, easements, and operation and maintenance agreements.
- Assisting the developer of a multi-modal logistics part in identifying and obtaining federal, state, and local support for infrastructure upgrades, including the federal Transportation Investment Generating Economic Recovery (TIGER) grant program.
- Securing necessary federal, state, and local permits and approvals for P3 and other infrastructure transactions.
- Providing advice to multiple clients on Illinois laws that impact infrastructure and P3 deals, including the Public-Private Partnerships for Transportation Act, the Public Private Agreements for the Illiana Expressway Act, municipal home rule under the Illinois constitution and statutes and local ordinances and the Toll Bridge Act.
- Analyzing various legal issues in connection with P3 and other infrastructure transactions concerning financing, third-party investment, taxation, procurement, government transparency and confidentiality, and environmental matters including the application of the National Environmental Policy Act (NEPA).