Origination and Capital Planning
Orrick collaborates with technical project managers and financial experts to conduct value for money (VfM) analyses, helping clients determine the most suitable delivery model for infrastructure P3 projects. Leveraging our public finance expertise, we guide clients in evaluating options within their capital plans and securing federal funding, including tax-exempt financing solutions such as Private Activity Bonds (PABs) and not-for-profit structures. We work with clients to analyze the feasibility of alternative delivery models for existing and future bond programs.
Origination and Capital Planning
Project Delivery Method Evaluation
Procurement Strategy and Implementation
Financing and Financial Close
Project Delivery
Construction
O&M
Claims
Change Orders
Disputes
Refinancing
M&A
Handback
Infrastructure Project
Lifecycle
Energy as a Service (EaaS) – Advising on 501(c)(3) structures for energy efficiency projects financed with tax-exempt bonds.
Transportation Infrastructure Finance and Innovation Act (TIFIA) and TIFIA Transit-Oriented Development (TOD) – Supporting borrowers, lenders and government authorities on securing loans under the TIFIA program, including low-interest loans, loan guarantees and lines of credit to fund significant transportation infrastructure projects. We advised on the first loan in the modern U.S. P3 space. We’re assisting various developers, traditional real estate, infrastructure and affordable housing entities in determining project eligibility for the TIFIA TOD loan program.
Railroad Rehabilitation and Improvement Financing (RRIF) and Water Infrastructure Finance and Innovation Act Programs (WIFIA) – Advising clients on securing direct loans and loan guarantees to finance the development, improvement and rehabilitation of U.S. rail infrastructure. We’ve advised water and wastewater finance agencies and utilities in the negotiation and completion of loan facilities since the program’s inception in 2014.
Our experience includes:
Project Delivery Method Evaluation
We advise clients on procurement options to select the most suitable project delivery method, structuring processes that meet policy goals, optimize risk, ensure transparency, and protect public and community interests.
In collaboration with the Association for the Improvement of American Infrastructure (AIAI) and its members, we were instrumental in developing the P3 industry’s " " procurement guide, which sets out best practices around P3 and DB risk allocation. The guide has been promoted and endorsed by developers, lenders, advisors and government owners across the United States.
Our team analyzes state-specific P3-enabling legislation and has drafted new laws across multiple states, enabling tailored guidance for our clients’ project goals. We also have a strong record of developing statutory programs to support state and local government capital projects using both traditional public finance and alternative delivery structures.
We help our clients select the best project delivery method, including structuring a procurement process that achieves their goals, optimizes risk, offers a fair and competitive procurement, and a “best value” selection process that ensures transparency.
We have a strong track record of developing P3-enabling legislation and statutory programs for numerous states using both traditional public finance and alternative delivery methods, allowing us to advise owners on the appropriate approach based on legislation and their specific project goals.
Leveraging market insights from our 360-degree view, we negotiate risk-sharing arrangements and project documents, addressing challenges such as real property, utility risks, supply chain issues and cost escalation. We also consider contract packaging and bundling strategies to manage interface risks between stakeholders, adjacent projects and early works.
Procurement Strategy and Implementation
First Principles of Risk Allocation
Our work spans the complete financial lifecycle of the project, from structuring and negotiating financing agreements and ensuring compliance and risk management, to document execution and financial close, to allow project implementation to proceed.
We provide strategic guidance to clients to ensure the financing structure is tailored to the project’s needs, including debt, equity and tax-exempt bond options, while evaluating the suitability of federal loan programs such as TIFIA, WIFIA and PABs.
Financing and Financial Close
During the handback phase, we advise clients on contractual requirements, such as meeting contractual conditions, confirming compliance and facilitating a seamless transfer to public authorities.
Upon substantial completion, we support clients in project refinancing to optimize financial structures and advise on mergers, acquisitions or asset transfers through due diligence and contract negotiations.
During project delivery, we advise clients on contract compliance during construction and operations, as well as performance standards, regulatory requirements and risk mitigation strategies. We also advise clients on claims for delays, cost escalations or performance issues and negotiate change orders to address scope adjustments. Additionally, we assist in resolving disputes through negotiation, mediation or arbitration to maintain project continuity.
Project Delivery
Origination
and Capital Planning
Origination
and Capital Planning
Procurement Strategy and Implementation
Public sector procures a designer to prepare the project plans and specifications, followed by a separate procurement to engage a builder to build the assets, which is typically awarded to the lowest bidder. Public sector signs separate contracts with the designer and the builder.
Design, Bid, Build (DBB)
Public sector engages design-builder in a two-phased qualification-based process, which may include a preliminary development agreement (PDA).
Progressive Design-Build (DB)
Orrick collaborates with technical project managers and financial experts to conduct value for money (VfM) analyses, helping clients determine the most suitable delivery model for infrastructure P3 projects. Leveraging our public finance expertise, we guide clients in evaluating options within their capital plans and securing federal funding, including tax-exempt financing solutions such as Private Activity Bonds (PABs) and not-for-profit structures. We work with clients to analyze the feasibility of alternative delivery models for existing and future bond programs.
Phase 1: Preconstruction.
Phase 1: Preconstruction.
Phase 1: Preconstruction.
Railroad Rehabilitation & Improvement Financing (RRIF) – Advising clients on securing direct loans and loan guarantees to finance the development, improvement and rehabilitation of U.S. rail infrastructure.
Public sector procures a designer to prepare the project plans and specifications, followed by a separate procurement to engage a builder to build the assets, which is typically awarded to the lowest bidder. Public sector signs separate contracts with the designer and the builder.
Public sector procures a designer to prepare the project plans and specifications, followed by a separate procurement to engage a builder to build the assets, which is typically awarded to the lowest bidder. Public sector signs separate contracts with the designer and the builder.
Our team analyzes state-specific P3-enabling legislation and has drafted new laws across multiple states, enabling tailored guidance for our clients’ project goals. We also have a strong record of developing statutory programs to support state and local government capital projects using both traditional public finance and alternative delivery structures.
In collaboration with the Association for the Improvement of American Infrastructure (AIAI) and its members, we were instrumental in developing the P3 industry’s "First Principles of Risk Allocation" procurement guide, which sets out best practices around P3 and DB risk allocation. The guide has been promoted and endorsed by developers, lenders, advisors and government owners across the United States.
We advise clients on procurement options to select the most suitable project delivery method, structuring processes that meet policy goals, optimize risk, ensure transparency, and protect public and community interests.
Project Delivery Method Evaluation
In collaboration with the Association for the Improvement of American Infrastructure (AIAI) and its members, we were instrumental in developing the P3 industry’s "First Principles of Risk Allocation" procurement guide, which sets out best practices around P3 and DB risk allocation. The guide has been promoted and endorsed by developers, lenders, advisors and government owners across the United States.
We advise clients on procurement options to select the most suitable project delivery method, structuring processes that meet policy goals, optimize risk, ensure transparency, and protect public and community interests.
Project Delivery Method Evaluation
Our work spans the complete financial lifecycle of the project, from structuring and negotiating financing agreements and ensuring compliance and risk management, to document execution and financial close, to allow project implementation to proceed.
We provide strategic guidance to clients to ensure the financing structure is tailored to the project’s needs, including debt, equity and tax-exempt bond options, while evaluating the suitability of federal loan programs such as TIFIA, WIFIA and PABs.
Financing and Financial Close
Our work spans the complete financial lifecycle of the project, from structuring and negotiating financing agreements and ensuring compliance and risk management, to document execution and financial close, to allow project implementation to proceed.
Governmental Agencies – Advising entities such as the Port Authority of New York & New Jersey, Metropolitan Transportation Authority, the City of New York, the Dormitory Authority of the State of New York on early-stage project structuring, VfM analysis, legal risk mitigation and program development.