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Infrastructure and Projects

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Overview

Infrastructure is the backbone of every economy around the world and governments are actively looking for the most cost effective way to replace or refurbish aging infrastructure or develop new infrastructure projects to meet ever increasing public demand. 

Infrastructure and public-private partnerships (P3) projects come in all sizes, types of development and combination of stakeholders. Projects and project financing now involve more cross-border transactions, multiple levels of government and input from stakeholders. Delivery models are also adapting to a fast paced environment where procuring authorities are seeking greater flexibility and collaboration with the private sector – alternative delivery models such as progressive P3’s, alliance models, alternative finance and procurement (AFP) and other approaches are being utilized with increasing frequency.   Fasken has been at the forefront of developing alternative delivery models and as such is very well placed to advise all project stakeholders on the implications of these shifting procurement approaches.

Fasken has acted on over 30 P3 projects that have been recognized with national awards for innovation and excellence by the Canadian Council for Public-Private Partnerships and IJ Global, with several recognized internationally as “Deals of the Year”. Fasken is also a past recipient of the Gold and Silver Awards from P3 Bulletin as Top P3 Legal Advisor in North America and the Gold Award from IJ Global as Public Sector Legal Adviser of the Year. Members of our team have been recognized by numerous peer reviewed industry publications and directories as leaders in projects, project finance and infrastructure development.

Strategic acquisitions and investments are becoming increasingly common in the infrastructure sector and offer challenging and unique issues and opportunities. Fasken has significant experience acting for industry participants, infrastructure funds and other financial and strategic investors in transformative transactions in the industry.  You and your team carefully select your strategic investments to ensure that your corporate goals and objectives are met, or exceeded. Whether on the buy-side or sell-side of an M&A transaction or strategic investment, helping you  achieve, and exceed, your corporate goals and objectives, is our foremost concern. Fasken brings together an unparalleled combination of M&A expertise and knowledge of the infrastructure industry to identify and mitigate risks in your most important transactions.  Our integrated infrastructure M&A lawyers will assist you in navigating the transaction from conception to completion.

The Fasken infrastructure and projects team works extensively with proponents, consortia, constructors, lenders and other private sector project participants, as well as authorities in multiple jurisdictions at the federal, provincial and municipal government levels across North America. Clients in both the public and private sectors rely on us to anticipate and resolve issues, and to complete transactions on a cost-effective, tax-efficient and timely basis.

Fasken lawyers have been involved in the successful completion of well over 100 infrastructure projects around the world including projects in the following sectors:

  • Energy
  • Health
  • Justice
  • Transportation – Public Transit and Roads
  • Ports
  • Education
  • Government Services
  • Recreation and Culture

What truly sets Fasken apart is the caliber and range of our experience across the United States, Canada, Africa, Asia, South America, and Europe.

Among others, Fasken has advised (or is advising) governments and procuring authorities on the award winning cross-border Gordie Howe Bridge project, the Ontario Line Subway, the first hospital P3 to be procured in Ontario by way of a progressive P3 model, the Quebec City Tramway, the Watay Transmission Project, the Vancouver Port Authority and the Prince Rupert Fairview Container Terminal and project sponsors/developers in respect of numerous projects in the US (including UC Merced Campus, Penn Bridges, US 36 Colorado and Miami Dade Courthouse). Fasken has also advised as lenders counsel on numerous infrastructure projects, including bank and bond financings. 

Fasken lawyers collaborate with clients and decision makers throughout all phases of a project, including at structuring, tendering and bidding stages, by contributing expertise to evaluate proposals and negotiate alternatives, and by helping our clients bring complex transactions to successful commercial and financial close.

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