HM Infrastructure & Projects Team

Infrastructure & Projects

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INFRASTRUCTURE & PROJECTS

Major infrastructure projects are a crucial part of the UK economy. Whether schools or hospitals, roads or housing, the need to deliver major developments which bring investment and long-term benefits to communities around the land – and all for a reduced public purse - is fundamental to economic growth.

Our infrastructure & projects team is at the forefront of this sector. Spearheaded by Partners Euan Pirie and Euan Mitchell, our team is a market leader in projects procured either through the hub initiative or under the Scottish non profit distributing model. The infrastructure & projects team also works closely with our award-winning public sector team in relation to complex, high-value and high-profile public sector procurements.

The team draws together highly experienced lawyers across all relevant practice areas to deliver a multi-disciplinary full-service offering to all our clients.

Our business ethos is one of high efficiency and giving the best value for our fees, which we can bring to bear in this competitive area to ensure our clients are able to deliver as much as they can for the funds that are available.

Key areas of activity:

• The hub initiative

• NPD and revenue funded projects

• Student accommodation projects

• Managing operational projects

• Secondary market

The hub initiativeOur Infrastructure & Projects team has been active in the Scottish Government’s hub initiative from the outset. We are one of the few firms to have been involved advising parties in connection with all five hub territories in Scotland. The involvement of our team in every territory has meant that we played a significant part in establishing the “ground rules” for hub projects.

Work examplesOur work with HNS has also involved a total of eight separate schools projects, with a combined capital value in excess of £250m, as well as two health projects. Our most recent project, the new £55.75 million Anderson High School and halls of

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residence on Shetland, reached financial close in the summer of 2015 and is expected to open in 2017.

NPD and revenue funded projectsOur team has a long track record of acting for all parties involved in stand-alone capital infrastructure projects procured through the Non Profit Distributing (NPD) and other revenue-funded models. We have been involved in the majority of the NPD projects closed and procured in Scotland.

Work examplesTayside Mental Health Developments NPD Project - we advised NHS Tayside on the the first health scheme closed using the NPD model, and advised the Project Company in relation to the Moray Schools PPP project. These projects were important to the development of the NPD model and ensuring buy in from the private sector to the model.

Student accommodation projectsOur team has extensive involvement in the Student Accommodation Sector. This is a growing and diverse market with schemes varying from those promoted and controlled by the relevant University or Further Education establishment through to those promoted as purely commercial operations in areas where established operators see opportunities. The issues arising from these models are varied and complex.

Work examplesWe advised Derwent Housing Association as investor, debt provider and facilities management contractor as part of the Uliving consortium in connection with the £180m University of Hertfordshire Student Accommodation Project, and have also advised them in connection with a large number of schemes including ones with Glasgow University, Norwich University of the Arts and Birmingham City University.

Managing operational projectsThere are nearly 100 active PFI/PPP/NPD model projects operational in Scotland and more than 600 active in the United Kingdom. As the projects involve long-term contractual arrangements it is inevitable that issues will arise between the parties. Our team has significant experience in supporting and assisting public and private sector clients to ensure that the process can be achieved as swiftly as possible and to achieve the best result possible.

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INFRASTRUCTURE & PROJECTS

Euan Pirie is listed as a “Leader in the Field” in Chambers UK where he is described as “very hands-on and quite commercially driven.”

Euan Mitchell is listed as a “Leader in the Field” in Chambers UK where he is described as “good - very clear, he knows what we’re doing and he’s practical. I’d always use him for this type of work.”

“They’re certainly at the leading edge of the area. They’ll do whatever’s needed to get the project to close - they have expertise, commitment, drive and enthusiasm.”

“They have a good reputation and good relationships on the private sector side.”

What they sayabout us

Euan PiriePartnert: 0131 247 2505e: [email protected]

Euan MitchellPartnert: 0131 247 2540e: [email protected]

Work examplesAdvising the Senior Lenders and Project Company on the Aberdeen Schools NPD Project. This project has been market leading in dealing with significant numbers of difficulties during its construction and operation including the insolvency of the original investors, the facilities management contractor and the construction contractor.

Secondary marketThe revenue funded project model has been in place now for almost 20 years within the UK and there has long been an active secondary market for such investors to buy projects from the original sponsors who often want to utilise their financial resources in new ventures. Our team acts for clients as both sellers and purchasers of mature projects.

Work examplesAdvising Hochtief PPP Solutions on the sale of its interests in West Lothian Schools PPP and Access for Wigan PPP. Advising Sweett Group plc on its disposal of interests in a number of schemes including Dumfries and Galloway Schools PPP.

Market leaders

98 1040%

80%

80%5

PFI, PPP & NPD projects reached financial close in Scotland in the period to 31.11.2010

NPD deals in Scotland reached operational status in the period to 31.03.2014

HM Infrastructure & Projects team advised on 40 of those deals


1173%

77%13

Revenue funded (NPD & hub DBFM) projects reached financial close in Scotland in the period from 01.12.2010 to 31.03.2014

Sectors covered by Scottish

PFI, PPP, NPD and hub DBFM

projects

HM Infrastructure & Projects team

members advised on deals within 8 of those sectors

NPD deals reached financial close in Scotland in the period to 27.02.2015



Driven by partnership

[email protected] @HarperMacleodharpermacleod.co.uk

Harper Macleod is a leading independent Scottish law firm that is driven to deliver.

Our growth and success is determined by your success, which is why we always try harder. We don’t just see ourselves as lawyers, we see ourselves

as problem solvers and business advisers, who focus on understanding your needs. We work side by side with you, using law as a tool to provide

innovative solutions that are tailored to organisations and individuals.

It’s this drive that sets us apart and delivers a better outcome for you or your organisation.

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HM Infrastructure & Projects Team