Law Seminars International Presents: An Intensive One-Day Workshop on Financing and Constructing

Public-Private Partnership Projects (P3P)
Tips and Tools for Successful Contracting and Dispute Resolution

(For this past program, we offer two options for purchase: a Homestudy (DVD and written materials) or written materials alone.)

March 12, 2014
WSCC The Conference Center in Seattle, WA

Who Should Order This Homestudy

Attorneys, governmental agencies, private financing entities, construction industry professionals (engineers, consultants, architects) and those who work in the construction-sector (financial analysts, sureties, insurance companies)

Why You Should Order

As with any construction project, a P3 Project is fraught with risk. However, the P3 Project delivery system re-allocates a substantial portion of the risk to the private sector. The success of construction projects involving many parties with very different interests is governed by how risk is understood by and allocated among the parties. This seminar will present a detailed discussion of the legal and practical risks and considerations that should be taken into account by those working to develop and construct a P3 Project.

Given the relatively recent proliferation of P3 Projects, many of the entities involved have little or no experience navigating an inherently long-term relationship. Each party involved in a P3 Project must understand the complex web of laws and regulations that govern the relationships between the parties involved in such projects in order to ensure that its interests are properly represented and protected as the project progresses. Thirty-six states have already implemented P3 Project-enabling legislation that can and often does differ dramatically from state-to-state. This seminar will address those issues and provide a practical overview of how to resolve disputes should they arise either during or after the project has been completed.

Our distinguished faculty will equip the attendees with the practical tools they need to get projects approved, financed and executed. We hope you will join us for this in-depth program.

~ Ernest C. Brown, Esq., PE and Allen W. Estes, III, Esq., Program Co-Chairs

What You Will Learn


Wednesday, March 12, 2014

8:00 am

Registration Opens

8:30 am

Project Conception: Anatomy of a P3P and Tips for Selecting the Right Approach

Design-Bid-Build vs. Design-Build for the construction phase; Design-Build-Operate vs. Design-Build-Operate-Transfer vs. Design-Build-Finance-Operate-Transfer vs. Lease-Leaseback; how the choice impacts where the risks and rewards reside

Ernest C. Brown, Esq., PE, Program Co-Chair
Smith, Currie & Hancock LLP / San Francisco, CA

Enabling legislation: Washington's approach and how it may differ from what private sector participants may have become accustomed to in other jurisdictions

Allen W. Estes, III, Esq., Program Co-Chair
Gordon & Rees, LLP / Seattle, WA

10:00 am


10:15 am

Views from the Trenches on How the Type of Project Affects the Fundamental Structure of the Relationship

Examination of Seattle Housing Authority's effort to create a Public Private Partnership at Yesler Terrace

Al Levine, Affiliate Faculty, College of Built Environments
University of Washington / Seattle, WA

Water treatment as an ongoing services project

Jim Napolitano, Special Projects Manager, Facilities Management Division
King County / Seattle, WA

11:45 am

Practical Implications of Open Government Transparency Requirements

The implications of a private entity performing essential government functions: Public Records Act and transparency provisions; the balancing act for government immunity

Marc R. Greenough, Esq.
Foster Pepper PLLC / Seattle, WA

12:15 pm

Lunch (on your own)

1:30 pm

Financing Options and How They Affect Financial Risk for the Public Entity and Private Entity

How financing structures affect risk analysis for the parties: Traditional vs. new concepts for sources of funding; bonds and TIFIA secured loans; land transfers to developer; user fees vs. other approaches for repayment of financing costs

David Pennington, Managing Director
BMO Capital Markets / Chicago, IL

2:15 pm

Contracting Nuts & Bolts: Procurement Phase Terms

Key provisions for the P3 contract and what is most important for each party

Susan L. Barry, Esq.
Orrick Herrington & Sutcliffe LLP / Seattle, WA

2:45 pm

Design and Construction Phase Terms

Design-Build: Issues arising from integrating those two functions; permitting; construction delays and cash flow; insurance issues; dispute resolution processes during construction; payment issues

Ernest C. Brown, P.E., Esq., Program Co-Chair
Smith, Currie & Hancock LLP / San Francisco, CA

3:30 pm


3:45 pm

Project Handover and Operations & Maintenance Phase Terms

Richard S. Herlich, Senior Vice President, US Operations
Transfield Services, Americas / Richmond, VA

4:30 pm

Dispute Resolution: Terms to Facilitate a Long Term Relationship for Long Term Projects

A neutral's perspective on terms that work and ones that can lead to a breakdown in the relationship

Roger Brown, Managing Partner
R Brown Consulting Group LLC / Beaverton, OR

Drafting tips for dispute resolution clauses

Ernest C. Brown, P.E., Esq., Program Co-Chair
Smith, Currie & Hancock LLP / San Francisco, CA

Allen W. Estes, III, Esq., Program Co-Chair
Gordon & Rees, LLP / Seattle, WA

5:30 pm

Evaluations and Adjourn



Regular tuition for this program is $595 with a group rate of $445 each for two or more registrants from the same firm. For government employees and contractors, we offer a special rate of $395. For students and people in their job for less than a year, our rate is $297.50. All rates include admission to all seminar sessions, food and beverages at breaks, and all course materials. Make checks payable to Law Seminars International.

Continuing Education Credits

Live credits: This program qualifies for 7.25 WA CLE credits. Upon request, we will apply for, or help you apply for, CLE credits in other states and other types of credits.

Contractors and engineers may qualify for continuing education hours through the American Institute of Constructors or the Construction Management Association of America.


There is a $25 cancellation fee for Course Materials orders and $50 for Homestudy orders

Faculty Bios

Ernest C. Brown, P.E., Program Co-Chair, partner, Smith, Currie & Hancock LLP, focuses on very large and complex projects and construction disputes, including: Construction contracts, negotiation, claims preparation, construction litigation, mechanic's liens, bid protests, public works law and insurance coverage. He is a mediator for the construction industry and public sector, arbitrator and Special Master for the American Arbitration Association.

Allen W. Estes, III, Program Co-Chair, partner in the Construction Practice Group of Gordon & Reese, LLP, represents private owners, general contractors, subcontractors, and suppliers in all phases of project administration and delivery, including contract drafting/negotiation, project performance, project disputes, project closeout, and warranty issues.

Susan L. Barry, of counsel in the Public Finance Department, Orrick Herrington & Sutcliffe LLP, focuses on public finance and project finance, and has been a leader nationally and in the Pacific Northwest in developing non-recourse financings for governmental entities and for public/private partnerships.

Roger Brown, Managing Partner of R Brown Consulting Group LLC, provides construction consulting services including arbitration, mediation and expert witness testimony. He has served as a DRB member on 60 projects, totaling four billion in volume. He is a founding member of the Disputes Resolution Board Foundation and currently outgoing President of the Executive Board.

Marc R. Greenough, partner, Foster Pepper PLLC, is a member of the Municipal Government and Public Finance practices and is bond counsel, underwriters' counsel, and disclosure counsel on general obligation, revenue, and special obligation financings by state, local, and Tribal governments. He is experienced in structuring municipal and public/private ventures and in providing representation in administrative proceedings and litigation.

Richard S. Herlich is Senior Vice President, US Operations of Transfield Services, Americas.

Al Levine is an Affiliate Faculty for the College of Built Environments at the University of Washington. Previously, he was the Deputy Executive Director of the Seattle Housing Authority where he was responsible for their Development, Construction and Asset Management programs.

Jim Napolitano, Special Projects Manager, Facilities Management Division, King County was the former Major Projects Manager where he oversaw all the public private partnerships and was also the Manager of Capital Planning and Development.

David Pennington, Managing Director, BMO Capital Markets, leads the Canadian P3 practice and has recently added United States P3 concessions to his practice. He is experienced in investment banking with emphasis in advising and structuring borrowing platforms for government, project and corporate issuers in the utilities and infrastructure sectors.