Public-Private Partnerships (P3)

Public infrastructure projects such as roads, hospitals, and schools are increasingly built and managed through public/private partnerships (P3). These arrangements are complex, demanding breadth and depth of legal expertise in project finance, outsourcing, and design/build/finance/operate arrangements.

The P3 Group at Fraser Milner Casgrain LLP (FMC) has experience in alternative funding and P3 projects worldwide, representing governments, public sector institutions, lenders, and project sponsors. Knowing “the other side” helps us anticipate client needs, and  advise them on what works—and what doesn’t. Lenders seek to minimize unquantifiable risk: we have special expertise in risk allocation. Implications of labour action, design issues, and operating concerns must all be assessed, quantified and shared. Negotiating those arrangements is where we shine.

Our knowledge of the U.K. Private Finance Initiative and our experience advising on some of the earliest Canadian P3 projects gives us a keen awareness of issues that arise and the problem-solving techniques needed to resolve them. And our national practice group gives seamless service no matter where the project, the sponsors, or the financiers are located. Should tax, environmental, or public policy issues crop up, the resources of our full service firm are at our clients’ service.

Representative Work
Represented the successful proponent Cityzen/Dominus in its negotiations with the City of Brampton in respect of the P3 Project known as Southwest Quadrant Development.
South Fraser Perimeter Road (Gateway Program) - counsel to the design-build joint venture for the Fraser Transportation Group (led by Dragados) on this major highway project, achieved financial close July 14, 2010
RCMP Division E Relocation Project - counsel to the Government of Canada as senior procurement and construction counsel; Client Department of Justice on behalf of its Public Works and Government Services Canada and RCMP. This was the first major accommodation project by Canada achieved financial close in April, 2010.
Fort St. John Hospital Project - counsel to the Concessionaire ISL Health (a private consortium formed by Innisfree and Acciona) on this $300 million DBFM project, which achieved financial close in July 2009
Route 1 Gateway Project - counsel to the lenders supporting one of the consortia that bid for this design build project in New Brunswick
Prince George Cancer Centre - counsel to Innisfree on its bid for this $70 million accommodation project
Did you know?
The Who’s Who Legal: Canada 2010 recommends John Haythorne as leading lawyer in the area of public procurement and recommends Bill Jenkins as a leading lawyer in the area of project finance.
Royal Jubilee Hospital P3 wins Best International Project award.
Chambers Global 2011: The World's Leading Lawyers for Business ranks FMC's P3 Group among Canada's leading firms and John Haythorne ranks as a leading lawyer in P3 & infrastructure.