Public-Private Partnerships

We have represented governmental units and developers in public-private partnerships in a number of states on such projects as state lottery services, a major water utility, the construction of consolidated justice facilities, toll roads, interstate highways and local street and road projects. Clients rely on our unmatched knowledge of public finance, infrastructure financing, public-private partnerships and our experience in Indiana, Michigan, Minnesota and Ohio working to find creative and effective financing solutions. We have also represented a governmental unit in connection with the bankruptcy of a developer of a P3 project, several years after the governmental unit and the developer entered into its public-private agreement.

Our experience in managing large, complex and high-profile tax-exempt financings and P3 projects enables us to help clients find the best structure for meeting their financing goals and affords them the confidence that transactions will be managed effectively, efficiently and creatively.

We have consistently been ranked as a top public finance bond counsel firm in Indiana by The Bond Buyer. In addition, The Bond Buyer selected the Indiana Finance Authority as the winner of its national Deal of the Year award in 2013 for its Ohio River Bridges East End Crossing Project, a P3 project that was funded, in part, through the sale of approximately $675 million of tax-exempt private activity bonds. Barnes & Thornburg acted as bond counsel on that transaction.

Barnes & Thornburg has acted as counsel on the following transactions:

• Purdue University and the City of West Lafayette. In 2015 and 2016, Barnes & Thornburg represented a joint board with representatives from both of these entities, as sole counsel, in connection with the execution and delivery of a public-private agreement in March, 2016, for the financing, development, construction, operation and maintenance of certain streets in the City of West Lafayette, the construction of which is estimated to cost approximately $50 million.
• Indiana Toll Road. In 2014 and 2015, we represented the Indiana Finance Authority in connection with the bankruptcy of the former concessionaire for the purpose of, in part, ensuring that the new concessionaire and operator of the Toll Road was qualified and capable of acting in those capacities for the remaining 66 years of the term of that concession.
• City of Indianapolis Consolidated Justice Facility Project. In 2014, firm attorneys represented one of the losing bidders for this project. The cost of this project was estimated to be more than $400 million.
• The Bond Buyer’s National Deal of the Year. The Bond Buyer selected the Indiana Finance Authority as the winner of its 12th annual national Deal of the Year award in 2013 for its Ohio River Bridges East End Crossing Project. This P3 project was funded, in part, through the sale of approximately $675 million of tax-exempt private activity bonds. Barnes & Thornburg acted as bond counsel on that transaction.