News & Analysis as of

Project Finance

Lease-Leaseback Battle Continues as First District Court of Appeals Sides with Contractor and School District

Earlier, we wrote about Davis v. Fresno United School District (2015) 237 Cal.App.4th 261, a Fifth District California Court of Appeals decision that sent shock waves through the school construction industry and raised...more

Las P3 para el impacto social

by Bilzin Sumberg on

Las agencias gubernamentales en todos los niveles están recurriendo cada vez más a las colaboraciones público-privadas (public-private partnerships, P3) para la entrega de nueva infraestructura pública. Sin embargo, la...more

P3s for Social Impact

by Bilzin Sumberg on

Government agencies at all levels are increasingly turning to public-private partnerships (P3s) for the delivery of new public infrastructure. However, the discussion often focuses exclusively on transportation...more

FTA Proposes New Rule to Encourage P3s

by Nossaman LLP on

As part of an effort to facilitate the use of public-private partnerships (P3s) in public transportation capital projects, the Federal Transit Administration (FTA) issued on Monday a Notice of Proposed Rulemaking (NPRM) that...more

Republic of Guinea Passes Public–Private Partnership Law to Lure Investors

by Jones Day on

Guinea's Urgent Need for Critical Infrastructures - Guinea is a geological goldmine, quite literally, when one considers the high concentration of natural resources in its soil (including diamonds, gold, iron, bauxite,...more

Massachusetts offshore wind RFP

by PretiFlaherty on

Massachusetts' investor-owned electric distribution companies have issued a joint Request for Proposals for offshore wind energy projects. Through the RFP, the utilities seek proposals for 400 megawatts (or more) of...more

Penalty Clauses in Project Finance Transactions

by Latham & Watkins LLP on

A number of recent English court decisions have recast the test for determining when a contractual provision may be unenforceable under English law as a “penalty clause”. The rule against penalty clauses is particularly...more

French Export Credit Agency Changes

by Latham & Watkins LLP on

After seven decades as France’s export credit agency (ECA), on 31 December 2016, Compagnie Française d’Assurance pour le Commerce Extérieur (Coface) transferred its State export credit guarantee activities to Bpifrance...more

Recent Amendments to Italian Legislation on Project Financing, Concessions and Public Private Partnerships

by McDermott Will & Emery on

A long awaited amendment and restatement of the Italian Code of Public Contracts has passed, with the aim of enhancing the bankability of Italian projects and boosting the infrastructure market. ...more

Guarantee Structure that Launched Argentina’s Successful Renewable Energy Auctions

by King & Spalding on

In October 2015, Argentina issued Law No. 27,191 (“Renewables Law”) to expand Law 26,190, which established a national regime for the production and use of renewable sources of electricity. The Renewables Law extends this...more

New P3 Opportunities for Government Technology

by Bilzin Sumberg on

Although public-private partnerships (P3s) are frequently associated with physical infrastructure, P3s are inherently flexible and can be utilized for the time and cost-effective delivery of virtually any public good or...more

Public-Private Partnerships in Puerto Rico - DLA Piper's handbook

by DLA Piper on

Historically, there has been vigorous debate among the residents of Puerto Rico for and against the privatization of public property and public services. The public-private partnership (P3 or P3s) model established by the...more

Infrastructure Plan Watch: Hearings, Meetings and a Speech… but no White House Proposal

by Best Best & Krieger LLP on

The roller coaster “infrastructure” ride in Washington, D.C. continues. With bi-partisan and broad stakeholder interest from both the public and private sector in an infrastructure plan, Congress continues to hold hearings...more

International Arbitration in the Financial Services Sector: Room to Grow?

by WilmerHale on

The growth of international arbitration has inevitably led arbitral institutions and practitioners alike to focus on areas where there may be scope for further growth over the years ahead. Originally published in...more

Major P3 Real Estate Development Opportunities in Downtown Miami

by Bilzin Sumberg on

On March 7, the Miami-Dade County Mayor will be presenting a report to the Board of County Commissioners on County-owned properties in downtown Miami that are ripe for joint development with the private sector. The upshot:...more

Public Private Partnerships: Securing Payment for Labor and Materials

by Farrell Fritz, P.C. on

What happens to contractors and subcontractors who are without lien rights when a private developer is building on public land with private money? A recent court decision clarified the parties’ rights and obligations for...more

Resolución de Año Nuevo: Tránsito de Miami Beach

by Bilzin Sumberg on

Después de acelerar el proceso de solicitud para el proyecto del tren ligero o tranvía moderno de Miami Beach, el mes pasado la comisión de la ciudad de Miami Beach puso un freno. En respuesta a las preocupaciones expresadas...more

Recent cases on standby letters of credit – does the issuing bank have to pay?

by Dentons on

Late 2016 saw three English court rulings on whether issuing banks were obliged to pay against what, on their face, appeared to be complying demands under standby letters of credit (SBLCs). These cases were...more

New Year’s Resolution: Miami Beach Transit

by Bilzin Sumberg on

After expediting the solicitation process for the Miami Beach light rail/modern streetcar project, the Miami Beach City Commission hit the brakes last month. In response to concerns voiced by City residents, the Commission...more

Renewable Energy Investor Group Asks FERC to Designate Certain Passive Equity Interests in Public Utilities as “Non-Voting...

On December 9, 2016, a group of investors in renewable energy projects (“Petitioners”) asked the Federal Energy Regulatory Commission (FERC) to find that certain non-managing (i.e., passive) “tax equity” interests in public...more

Financiación del Transporte Público con Desarrollos Orientados al Transporte

by Bilzin Sumberg on

Desde la aparición de los primeros sistemas de transporte público, se ha reconocido que los espacios contiguos a las estaciones de trenes son idóneos, especialmente, para urbanizaciones de usos múltiples. La gente está...more

World Bank Negative Pledge and Project Financings

by Latham & Watkins LLP on

One of the main functions of the World Bank, a financial institution mandated with fostering the reconstruction and development of sovereign nations after the Second World War, is to extend loans to the governments (and...more

The rise of sovereign credit rating downgrades

by Latham & Watkins LLP on

What is a sovereign credit rating and why is it important? A sovereign credit rating is a country’s credit rating as determined by credit rating agencies at the request of that particular country. Credit rating agencies...more

Australian case update: Tiuta International Ltd v De Villiers Surveyors Ltd

by DLA Piper on

SNAPSHOT - In Tiuta International Ltd v De Villiers Surveyors Ltd [2016] EWCA Civ 661, the English Court of Appeal delivered an important judgment in favour of lenders in a valuer’s negligence case, which has...more

Real Estate Gazette: focus on Africa’s burgeoning real estate sector and investment opportunities Issue 26

by DLA Piper on

Think of Africa and chances are you will be transported to a sun-blushed savannah, where beautiful wild elephants roam across the plains. Or you may think of the monolithic churches of Ethiopia, the reggae and hip hop sounds...more

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