Overview

A Leader in the Field

Widely regarded as a leader in the fields of real estate, construction and finance, Hinckley Allen excels at negotiating, structuring and implementing a wide variety of P3 projects. In our experience, P3 projects fall into three broad categories:

  • Large public infrastructure projects
  • Educational and other public institutions taking advantage of private capital and private industry expertise in connection with the design, financing, construction, operation and maintenance of public facilities, and
  • Any type of agreement or arrangement between pubic entities and private business usually involving a development agreement.

Experienced in all types of P3 projects, we have advised clients on some of the largest and most significant public-private partnership projects in New England, the U.S. and throughout the world.

Guidance at Every Stage

Our team advises on all aspects of P3 projects including, siting, due diligence, acquisition and design, financing arrangements, permitting, entitlements and approvals, land use and zoning, regulatory compliance, construction, closing, leasing and post-closing day-to-day management and operations. Working collaboratively across practice areas, we offer seamless guidance on real estateconstruction, tax, finance, environmental and other issues. Our lawyers handle all of the agreements between the project partners and those between the partners and other stakeholders involved in seeing the project to fruition. Typical agreements include development, construction, financing, concessionaire and management agreements.

Exceptionally Broad Experience

Combining decades of transactional know-how with deep industry insight, we utilize both traditional and innovative financing techniques, structuring and closing projects across all asset classes. Our firm has taken on and resolved some of the most challenging land use, environmental and zoning issues, crafted novel financing arrangements, created tax-favored and tax-exempt structures, and gained much-needed community consensus for large-scale projects. We are also skilled in risk assessment, minimization and allocation, and in navigating the ever-evolving rules and requirements that apply to both private development and public works projects.

Experienced with all aspects of development, Hinckley Allen lawyers have worked extensively on the construction side as well on the P3 bidder and financing sides of projects. As a result, we possess a clear understanding of the various parties’ interests, goals, priorities and concerns, which enables us to avoid conflict and misunderstandings and devise solutions that move projects forward smoothly and swiftly.

Working proactively, we anticipate issues and take on challenges before they become problems, offering practical counsel and creative solutions.

Services

Diverse Types of Projects
Representing developers, investors, lenders, cities, counties, property owners, and sellers of all types of properties, our work includes:

  • Public and Private Educational Institution Buildings and Housing Facilities
  • Telecommunications Projects
  • Water and Wastewater Facilities
  • Roads, Bridges and Tunnels
  • Essential Transportation Infrastructure
  • Design-Build Projects
  • Traditional and Renewable Energy Projects
  • Mulitfamily Housing, Condominiums and Senior Living Facilities
  • Major Office, Retail, Industrial, Residential and Mixed-Use Projects
  • Hotels, Resorts and Convention Centers
  • Hospitals and Other Healthcare Facilities
  • Port and Other Waterfront Development Projects
  • Educational Institutions
  • Museums and Other Cultural Institutions
  • Military Facilities

From the negotiating table to the construction site and before regulatory bodies and in court, our lawyers have earned a reputation as practical, responsive and effective. We are known as a firm that gets deals done.

Experience

  • Representing the Commonwealth of Massachusetts in connection with its infrastructure Investment Incentive Program (“I-Cubed”), an innovative P3 created to spur economic development and job growth in the Commonwealth through support for large-scale private real estate development projects.
  • Represented the developers of a $220 million-dollar mixed-use office, educational and residential multiphase project in the City of Providence, Rhode Island, known as “South Street Landing.” Advised in connection with the acquisition, leasing and permitting. The project required municipal approvals for the rehabilitation and adaptive re-use of a former power plant building as administrative offices for Brown University, a shared nursing school facility for the University of Rhode Island and Rhode Island College, and for construction of a parking garage and student housing development.
  • Represented the City of Portsmouth, NH in the acquisition of the historic Thomas J. McIntrye building from the federal government via the National Historic Monuments Program and in negotiations with a private developer for the rehabilitation and modernization of the project site consistent with Federal historic standards and requirements. Legal services included providing strategic advice to City Staff and the City Council and the preparation and negotiation of a development agreement and a long term ground lease.