INFRASTRUCTURE

In anticipation of the massive investments in physical and human infrastructure bill expected to clear Congress this year, Thompson Coburn’s Infrastructure group is comprised of attorneys and lobbyists ready to help your organization take full advantage of infrastructure opportunities that can benefit your business and your community. This team, which has extensive experience working with all types of governmental authorities and private sector entities, is well-equipped to help you identify business opportunities connected to federal infrastructure spending and develop and execute projects envisioned by these expansive bills.

We frequently represent developers, contractors, engineers, hospitals, universities, schools, and financing sources of all types, including banks, investment funds, institutional investors, commercial credit and governments involved in complex infrastructure projects.

Our attorneys have successfully represented clients in all segments of infrastructure and are prepared to provide legal guidance and assistance with matters related to:

• Highways, streets, roads, and bridges
• Mass transit/public transportation
• Airports and airways
• Ports and vessels
• Education, health care, and labor
• Energy, including utilities, municipalities, cooperatives, and renewables
• Power generation and transmission
• Telecommunications
• Water supply and resources
• Waste management, removal, and storage

Our firmwide infrastructure team is experienced in the many facets of finance as well as the design-build process. This includes developing procurement documents for design-build projects, assisting in industry review and peer review processes, preparing and negotiating terms and conditions of design-build contracts, assisting in the proposal evaluation process and the overall management of the design-build procurement and contractor selection process. In addition, Thompson Coburn professionals have helped clients evaluate the pros and cons of various project delivery methods and select the most appropriate method for the given project.

We are ready to assist your organization in the decision process:

• Environmental Dispute Resolution: Almost every major infrastructure project faces environmental challenges. First, projects will need permits. Second, once permits are issued, citizens groups will likely present the next obstacle. We have substantial experience assisting clients through the complex permitting process associated with infrastructure projects. Project opponents, including environmental groups and local nearby citizens, often challenge the permits that authorize the development and/or the operations after completion. These suits, which generally challenge the permit or the permitting process, can be thorny for developers and can stop or greatly delay well-intentioned projects. We assist clients with these issues from coast to coast, and in between. For example, one of our trial teams recently help defeat a citizen suit claim being pursued in Sacramento, CA; in that instance, the citizen group attempted to stop development of a highway extension being constructed, in part, through a wetlands. In addition, we have a wide range of experience shepherding clients through citizen suits that contend the developer, operator, or other permittee are violating a statute or the issued permits. Some citizen suit actions or concerns can be prevented or proactively addressed by taking certain strategic steps during the permitting process. We would be delighted to assist your team through this complex area.
• Construction/Construction Disputes: Our construction attorneys have represented developers, contractors, and public and private owners in all phases of private and governmental construction projects – from working with lenders or other sources of financing at the inception of a project, drafting and negotiating construction contracts, and dispute resolution of a wide range of disputes through mediation, arbitration, and litigation. Our attorneys’ collective knowledge is broad, with many different transactional practitioners who have applied their experience in matters that involve development and construction; some of our attorneys have greater depth of experience in construction, having for many years regularly represented the same developers, contractors, and public and private entities that frequently engage contractors. Our attorneys have worked in many different jurisdictions across the country. We regularly work with clients to ensure they maximize insurance coverage and, depending on the context, either maintain relationships with surety bonding companies or pursue such remedies. We have partnered with, and, in the litigation context, aggressively opposed industry experts such as engineers of various disciplines, claims consultants, and appraisers and other damages experts. Our professionals’ experience in representing long-term clients who are developers, contractors, and regular purchasers of construction services gives us the insight and perspective to better understand our clients’ business and business goals, so we that we can strategically serve our clients’ interests.  
• Public Transit: Thompson Coburn's Public Transit attorneys are well-equipped to assist Transit Authorities as the government unfolds what could be the most extensive Federal investment in America's transit infrastructure history. We provide special legal counsel on the development of projects and infrastructure under the Federal Transit Administration's Capital Investment Grants (CIG) program and Bus and Bus Facilities program. This work includes guidance on FTA's regulatory requirements, grant issues, and compliance with the myriad of FTA requirements such as Buy America, ADA, DBE, civil rights, and labor protection. We also assist with construction and operations and maintenance procurements, contracts, vehicle purchase agreements, including electric and hydrogen technology and associated charging and fueling infrastructure, as well as legislative issues associated with appropriations and authorization bills. Our attorneys have held high-level positions on Capitol Hill and FTA. They are active participants in APTA's Legal Affairs Committee, Policy and Planning Committee, Legislative Committee, and the Capital Investment Grants Working Group.
• Transportation & Project Finance: Thompson Coburn has multidisciplinary practices in transportation and finance. We have a long tradition of advising banks and financial institutions, public authorities (including transit agencies), developers, leasing companies and venture capital investors in a broad range of transactions in the transportation sector, including compliance with required regulatory frameworks. Our finance work in this area has included acquisition financing, bilateral and syndicated credit facilities, private placement, tax exempt financing, credit enhancements, tax credit financings, government grant programs and equipment leasing, including sale-leasebacks. Our attorneys have extensive experience in government guaranteed financing programs, ranging from those with the Department of Transportation (DOT) including the Railroad Rehabilitation & Improvement Financing (RRIF) and the Transportation Infrastructure Finance and Innovation Act (TIFIA) programs, the Maritime Administration’s Title XI program and financing with the Export-Import Bank of the United States.

As the nation readies for a surge of infrastructure projects, Thompson Coburn is well-positioned to help your organization navigate the many aspects of turning these new federal funding sources into tangible projects for your business and community.