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Infrastructure and Public-Private Partnerships (P3)

Private-public partnerships (PPP or P3) have been instrumental around the world in establishing collaborative agreements between the public and private sectors. These agreements can be structured in a variety of ways: a private project seeking government incentives to bring growth and opportunity to the community; or a public project seeking private sector involvement to assume all or a portion of financial, technical and operational risk both in the short and long-term. The utilization of P3 transactions for public projects is becoming increasingly necessary to implement significant infrastructure projects without impacting taxpayers and state budgets.

The foundation of our practice is built upon experience across construction, environmental, real estate, tax, finance and administrative law in addition to the strong relationships we hold on both sides of the political aisle. In addition to our national and international P3 practice, we have been involved as legal counsel on many of the largest P3 (or PPP) projects in Michigan, related to the design, construction, maintenance and operation of:  

  • Roadways
  • Bridges
  • Sewer and other utility works
  • Parking garages
  • Social housing
  • Streetscaping
  • Transit
  • Publicly owned landfills
  • Energy-generating facilities
  • Waterways

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Services

Construction Build

Our construction attorneys offer solutions from the ground up starting with preparing and negotiating project agreements, EPC agreements (engineering, procurement and construction agreements), integrated project delivery agreements and more traditional design-build, fast track and design-bid-build design and construction contracts. We regularly work at the local, state and federal levels, and both in the public and private sectors. Design and construction can be an art and not necessarily a science, so we take a multi-disciplinary approach to representing our clients in both small and large design and construction projects as well as operation and maintenance projects. No project is too small and no project is too large. We handle projects that are a few thousand dollars up to and including more complex projects like the P3 project for the Gordie Howe International Bridge with an estimated value of $4 billion. Our multi-disciplinary approach to design and construction includes counsel on labor, contracting, lending, insurance, scheduling, environmental, and dispute resolution issues and concerns. There is a careful balance between having all the legal protections possible and allowing the project to move forward. That’s where we come in. Our role as counsel is to help clients understand, assess and evaluate the risks that are reasonable for the client to assume in the particular project and those that are better assumed by other parties to the project. Learn more about our specific experience by visiting the construction law page.

Economic Incentives

When working with the private sector, we ensure that every incentive is explored. Our attorneys work with industrial, commercial, residential, retail and office developers, renewable energy sources, municipalities, entertainment industry representatives, Fortune 500 companies and manufacturers. We helped write much of the legislation pertaining to economic incentives, including a significant amount of work on the Brownfield Redevelopment Financing Act. In doing so, we have cultivated valuable contacts within the economic development community. Backed by our expertise in environmental, real estate, tax, finance and administrative law, we help clients navigate the programs that will spur development and create jobs. Learn more about our specific experience by visiting the Economic Incentives page.

Government Affairs

Our Government Affairs Practice Group advocates on behalf of our clients by building and promoting relationships with federal, state and local policymakers and stakeholders to ensure legislative funding and policy initiatives reflect the needs of each client. We guide businesses through the complexities of state government regulations using our political access to the highest decision makers in the state, draft legislative and administrative language strong enough to withstand legal challenges and develop campaign strategies and solutions to impact decisions that affect your bottom line. Pioneering change and fostering growth for businesses is our hallmark. Unlike typical lobbying and consulting firms, as attorneys, we are bound by a legal code of conduct and steadfastly avoid conflicts of interest. In sum, we have the expertise, ethics and the political access to best serve your business needs. Learn more about our specific experience by visiting our Government Affairs page.

Government Contracting

The Warner Norcross Government Contracting Practice Group counsels clients through every stage of the bidding process and can assist with internal compliance audits to prepare and protect against these risks. We work with clients to identify opportunities and conduct market research so they are better positioned to bid against the competition. When disputes arise, our attorneys are prepared to work with you to resolve the conflict, carry you through a bid dispute, and, when necessary, represent you in the courts or before the requisite boards of review and/or administrative agencies. Learn more about our specific experience by visiting our Government Contracting page.

Public Project Financing

Navigating the complex world of commercial finance takes dedication, attention to detail, risk analysis and knowledge of the law. Our seasoned Commercial Finance Practice Group has all of that from a lender, borrower, underwriter and remarketing agent perspective. Well versed in tax-exempt bond rules, we have served as bond counsel in the issuance of tax-exempt bonds by the Michigan Finance Authority, Michigan Strategic Fund and by local Michigan finance authorities. We act as counsel for underwriters and remarketing agents and as bank counsel in letters of credit transactions in the tax-exempt and taxable financing arena. In addition, we represent borrowers in HUD-insured loans to health care providers and low-income housing providers. Warner Norcross is counsel to the Michigan Bankers Association, and that type of experience is what puts our commercial finance attorneys ahead of the pack. Learn more about our specific commercial finance experience by visiting the Commercial Finance Law.

Real Estate

Described as a leading real estate authority by legislators, business leaders and peers, the Real Estate Practice Group at Warner Norcross is committed to providing pre-transaction counseling to identify and resolve issues that may block or delay your transaction, as well as sound legal counsel in negotiating terms to reduce your risks and liabilities. In addition, we resolve real estate legal disputes efficiently, effectively and fairly. Understanding your business and adding value is what we do and we’re personally invested in your success. Learn more about our specific experience by visiting the Real Estate Services page.

Resources, Energy and Environment

Warner Norcross & Judd’s Resources, Energy and Environment group navigates the regulatory terrain to advocate in the areas of economic development and renewable and traditional energy, while providing proactive legal advice and representation for the resources, energy and environmental sectors. Clients range from energy providers and international mining companies to cutting edge startups. Whether you’re exploring an opportunity or facing a mountain of challenges, we can guide you to your business goals. Learn more about our specific experience by visiting the Resources, Energy and Environment page.

Tax

Tax codes are multi-faceted, lengthy, imprecise, ambiguous—and frustrating. Warner Norcross & Judd tax attorneys delve into the complexities of tax codes to deliver sound tax-planning advice and assist clients in creating tax-efficient structures. We can help you minimize your tax liability without exposing you to undue risk. But before offering tax advice, our tax attorneys take time to listen and focus on your unique situation. Then they provide counsel that fits because it’s tailored specifically for your business and your life. Learn more about our specific experience by visiting our Tax page.