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Public-Private Partnerships

Foster Swift Collins & Smith, P.C. has a public-private partnership team consisting of attorneys who are recognized leaders in project finance, banking, bonding, construction, energy, environmental, information technology, international law, municipal, real estate development, state and local government, sustainable energy, transportation, tax and transportation. The attorneys at Foster Swift have public-private partnership experience throughout the state.

These economic times present challenges that can be met, in part, through the use of public-private partnerships and legislation which has been enacted into law at the federal, state and local levels. Some of the firm's attorneys have utilized public-private partnerships for over 20 years.

The firm, through its attorneys, is a member of the National Council for Public-Private Partnerships, Michigan Infrastructure and Transportation Association, Associated General Contractors, National Association of Seed and Venture Capital Funds, Michigan Bankers Association, Transportation Lawyers Association, Michigan Townships Association, Michigan Municipal League, Michigan Plumbers and Mechanical Contractors Association, and the National Association of Bond Lawyers.

Attorneys at the firm are knowledgeable in governmental affairs and are known to the Michigan Department of Transportation and the Department of Management and Budget, the Michigan Municipal Bond Authority, Michigan Strategic Fund, and the Michigan State Hospital Finance Authority. Attorneys at the firm have experience in design-build and finance arrangements, design operate and maintain agreements, and project finance and bond financing. Projects have been developed for water, wastewater material recovery facilities, highways and retail development. (The knowledge in the project finance arena has led to the development of water, wastewater, and material recovery facilities.) Utilizing non-cash assets in exchange for dollars was a catalyst for an expressway interchange development. The firm has also utilized installment purchase act methodology to develop municipal buildings and install water lines and wastewater systems.

Today, the use of public-private partnerships is enhanced by the State of Michigan's creation of a public-private partnership commission, the use of design-build-finance for certain projects by the Michigan Department of Transportation, and encouragement for the state, municipalities and private industry to undertake projects utilizing public-private partnerships. Public-Private partnerships are further encouraged by recent federal policy.  Presently pending and working its way through the Michigan Legislature and Senate is a new public-private partnership bill intended to further the development of infrastructure.

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