Project Finance, Infrastructure and Public Private Partnerships

The Davis Project Finance, Infrastructure and Public Private Partnership (“Projects”) Practice Group is one of Canada's leading PPP and AFP practices, having participated in Canada's PPP market since its inception. Our group comprises lawyers and consultants with cutting-edge experience and knowledge in Canada's infrastructure and project finance market. We have advised on the vast majority of Canadian PPP projects and successfully closed many of the most significant Canadian PPP projects.

Davis Projects offers all of the expertise and industry knowledge required to successfully execute and close infrastructure projects of any nature or size. Our clients benefit from our multi-jurisdictional PPP and other infrastructure/project experience gained from our team members' work in a variety of Canadian and European markets. We provide timely, business-oriented advice on every aspect of the procurement process and transaction, including:

  • Providing advice on procurement documentation for private sector proponents.
  • Drafting bidding agreements (between members of the bidding consortium).
  • Advising on the most effective procurement and bidding strategies.
  • Advising on and establishing the most tax-efficient and appropriate special purpose vehicle (SPV)/borrower structure.
  • Reviewing concession/project agreements and preparing mark-ups and commentary on such documents, including the identification of the key risk issues for the sponsors, the lenders and rating agencies.
  • Leading negotiations between the public authority and private sector bidders on the principal contracts
  • Leading negotiations on, and drafting the heads of terms and the final drop-down agreements between the SPV and each of the principal subcontractors.
  • Drafting and reviewing financing documentation and leading negotiations between financial institutions and the SPV/borrower.
  • Advising on project insurance issues.
  • Drafting and negotiating early access and early works agreements.
  • Project finance advice.

Representative Work

Our expertise covers the entire spectrum of requirements for implementing PPP projects and carrying them to a successful conclusion. Some of the firm’s more recent accomplishments include:

  • Being named 2010 Canadian - Project Finance Law Firm of the Year Award by Global Law Experts (United Kingdom).
  • Being named Project Finance Law Firm of the Year in 2009 for Canada by ACQ Finance Magazine (United Kingdom).
  • Being selected in a competition with seven U.K. and U.S. law firms to act as lead counsel to the Bermuda Hospital Board on the redevelopment by DBFM of the acute care facility, Bermuda's first PPP.

Award Winning PPP Transactions

  • Bermuda Hospital PPP Project - Closed 2010
    Counsel to the Bermuda Hospital Board
    Shortlisted for 2011 "Best International Project" by Partnerships Bulletin (United Kingdom)
  • Anthony Henday Drive Northwest Leg Ring Road PPP Project - Closed 2008
    Counsel to equity/sonsor
    Awarded "PPP Deal of the Year - Americas" by PFI Magazine, (United Kingdom)
  • Alberta Schools #1 PPP Project - Closed 2008
    Counsel to equity/sponsor
    Awarded "North American Social Infrastructure Deal of the Year" by Project Finance Magazine (New York)
  • Golden Ears Bridge PPP Project - Closed 20006
    Counsel to equity/sponsor
    Awarded "North American PPP Deal of the Year" by Project Finance Magazine (New York)
    Awarded "North American Deal of the Year" by PFI Magazine, United Kingdom
  • Richmond-Airport-Vancouver (RAV) Line / Canada Line PPP Project - Closed 2005
    Counsel to equity/sponsor
    Awarded "North American Transport Deal of the Year" by Project Finance Magazine (New York)
    Awarded "Infrastructure Deal of the Year - Americas" by PFI Magazine, United Kingdom
  • Highway 407 PPP Project - Closed 2000
    Counsel to lenders
    Awarded "North American Transport Deal of the Year" by Project Finance Magazine (New York)
Notable MattersView All

Recognition

Band 1 (Canada), Chambers Global, 2013, 2014

International Who's Who of Project Finance Lawyers, 2013

Best Lawyers in Canada, 2014

Canadian Project Finance Law Firm of the Year, Global Law Experts, 2010

Canadian Project Finance Law Firm of the Year, ACQ Finance Magazine, 2009

 

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