Overview

Alternative project delivery methods, such as public-private partnerships (P3), offer state, county and municipal governments new tools to combat growing infrastructure needs without relying solely on traditional government resources.  Leveraging two decades of experience in innovative project delivery throughout New England and across the country, Burns & Levinson’s Infrastructure & Public-Private Partnerships team provides public and private sector clients with seamless ‘one stop’ legal services to successfully procure and deliver complex infrastructure projects in a highly regulated and complex environment.  

Our attorneys are experienced in the many sophisticated legal areas required of project counsel including design & construction, corporate, municipal and state, public and private finance, public procurement, real estate, environmental, and tax law.  We are thought-leaders in the public project arena and actively involved with industry groups like the National Council of Public-Private Partnerships (NCPPP) and the Design-Build Institute of America, among several others.  Our work in this area has been cited by many national and regional groups including the Massachusetts Municipal Association and National League of Cities.  In addition to our legal acumen, our team brings practical advisory expertise drawing upon our unique experiences as civil engineers, transportation policy experts, government relations specialists, and former public servants.  

The Burns & Levinson Infrastructure & P3 team supports the legal needs of all project participants—state and local government project sponsors, developers, design professionals, contractors, lenders and investors—across a range of industry segments, including:

  • Toll roads and bridges
  • Water and wastewater treatment plants
  • Stormwater infrastructure
  • Educational and institutional facilities
  • Parking facilities
  • Intermodel transportation hubs
  • Rest area redevelopment
  • Airports
  • Rail facilities

Our representation of clients in alternative project delivery transactions covers the entire span of the project life cycle. From initial project assessment through construction, turnover and operation, Burns provides clients with the needed assistance for successful project delivery.  With careful analysis, structuring and comprehensive legal documentation, risk can be clearly allocated and mitigated.  The net result maximizes real estate asset value, provides efficiencies in service delivery, enhances regulatory compliance, mitigates public sector reliance on its bond cap, and reduces public employee and pension liabilities, among other benefits.  

Governmental entities request our assistance on legislative matters including drafting and interpreting statutes and regulations that bear upon the project procurement process.  We advise both public and private entities regarding deal structuring, financing mechanisms, public procurement requirements, permitting and entitlements, design/construction contracting, labor law, and surety and insurance issues.

No matter what infrastructure or public-private partnership related challenge you are facing, let us put our innovative, responsive, and trust-worthy Infrastructure & Public-Private Partnership team to work for you.

Experience
  • Assist the Southfield Redevelopment Authority in connection with the redevelopment of the former Naval Air Station in South Weymouth, Massachusetts, that included renegotiation of state financing and development agreements, ongoing conveyance of federally-owned land for redevelopment, restructuring of zoning and land use controls and preparation of tax and redevelopment plans.
  • Assisted the State of Rhode Island in successfully negotiating and implementing a first-of-its-kind P3 for the construction and lease of a $220 million comprehensive development of a moth-balled power plant to provide a state-of-the-art nursing education center for Rhode Island College and University of Rhode Island.
  • Counsel to the Rhode Island Turnpike and Bridge Authority and private vendor in connection with a P3 transaction to improve the Newport Pell Bridge including installation of high speed tolling facilities.
  • Represented municipalities in negotiations with major intermodal companies to design, build, and operate new drinking water treatment and upgraded waste water treatment facilities
Professionals Resources