Projects and PPP in Ireland

A&L Goodbody

In addition to its strength in the renewable energy space, A&L Goodbody's 'very knowledgeable and widely respected' projects and PPP team advises on matters ranging from data centres to social housing. Its recent appointment as an adviser on the Dublin Metrolink demonstrates its ability to handle the largest infrastructure projects in Ireland. Kevin Feeney leads the practice and John Dallas draws on his 'excellent knowledge of the renewable energy space' to assist with the financing of projects. Ross Moore leads the firm's energy practice and is another key contact, as is associate Jamie Rattigan, a specialist in PPP and renewable energy projects.

Practice head(s):

Kevin Feeney

Testimonials

‘A very knowledgeable and widely respected team with excellent insight and relations in the Irish market. The team is also cooperating very well with other practice areas within the firm.’

‘John Dallas has excellent knowledge of the renewable energy space and is very pleasant to work together with. Capable of finding and safeguarding the business logic in the legal challenges. Richard Grey is able to blend the M&A part into the wider project in a very calm and solid matter. Focuses his efforts and time on what is essential and is excellent at following-up on it and making sure it gets implemented.’

Key clients

Transport Infrastructure

Oriel Windfarm

Energia Group

Kilpaddoge Green Energy

Sustainable Development Capital

Asper Investment Management

Nord

Element Power Ireland

Irish Water

NAMA

Work highlights

  • Advising Transport Infrastructure Ireland on the Dublin Metrolink project, a 19km tunnel linking the city centre and the airport.
  • Acted for Energia on the acquisition, development and project financing of an anaerobic digestion plant in County Dublin.
  • Assisting Echelon Data Centres with the construction of a data centre in Clondalkin with an estimated capacity of 40MW.

Arthur Cox

Arthur Cox's projects and PPP team advises on some of the largest infrastructure projects in Ireland. Testament to this was the firm's advice to National Broadband Ireland on the largest infrastructure concession ever tendered in Ireland and its assistance to Intel with the planned expansion of its Leixlip site. Clients include contractors, state bodies, banks, and large corporations. On the project finance side, it has been kept busy handling large-scale project refinancings. The combined infrastructure, construction, and utilities group is led by Alex McLean, who is highly experienced in energy projects. Aaron Boyle is particularly active in procurement, PPP/PFI and project finance and Karen Killoran is also noted. Senior associate Niamh McGovernacts across energy, construction and projects.

Practice head(s):

Alex McLean

Testimonials

‘Our relationship with the practice goes back over 12 years. This has resulted in the practice having an in-depth understanding of our business, our clients and our customers. With consistency of partner throughout and consistency of associates during projects it allows us and often our clients to comfortably rely on the advice provided. Very often the professional legal relationships between contractor and client can become adversarial. The approach of Arthur Cox has always been to seek favourable resolution in a business-like manner.’

‘Our dedicated partner of twelve years understands our business, our need for swift response. He selects associates of the highest calibre to support our projects and refers us to other partners where we need specialist advice. In those twelve years we have never been let down. We have successfully won and retained contractual services with our clients and that was down the calibre and performance of people at Arthur Cox providing high quality professional advice and guidance throughout.’

Key clients

National Broadband Ireland

Spencer Dock Convention Centre

Eurolink

BAM PPP PGGM

daa

Iarnród Éireann

Coillte Teoranta (Irish Forestry Board)

Bord na Mona

Work highlights

  • Advising National Broadband Ireland, the preferred bidder, on the government’s project to deliver high-speed broadband services to all businesses, farms and households in Ireland.
  • Assisting daa plc, the awarding authority, with the procurement of a second runway at Dublin Airport.
  • Advising Intel Ireland on its multibillion-euro expansion of the semiconductor manufacturing facility at its Leixlip site in County Kildare, the largest single private investment in the history of the state.

Eversheds Sutherland

Eversheds Sutherland is experienced in advising state bodies on large -scale projects; in 2019, it acted for EirGrid on an electricity interconnector between Ireland and France, and the National Development Finance Agency on its social housing PPPs. Beyond this, it is also active in private sector projects in education, energy and transport. The team is led by Mark Varian and Peter Curran, and also includes 'outstanding' senior associate Alison Bearpark. Varian specialises in energy, and chairs the Energy Committee of the British-Irish Chamber of Commerce, while Curran specialises in advising public sector bodies on projects. Angelyn Rowan joined Philip Lee in 2019.

Practice head(s):

Mark Varian; Peter Curran

Testimonials

‘Their knowledge, their ability to transcribe such knowledge and to explain to the client the complications of complex clauses in simple terms for accurate decision making on what works and what doesn’t work without compromising the deal.’

‘Alison Bearpark’s proficiency and accuracy in the provision of construction documentation and her calmness and professionalism in dealing with both clients and third party solicitors is outstanding.’

Key clients

National Development Finance Agency

Department of Housing, Community and Local Government

Dublin Port Company

EirGrid

National Paedriatric Hospital Development Board

Grangegorman Development Agency

Irish Water

Gas Networks Ltd

Irish Rail

Work highlights

  • Advising National Development Finance Agency on the Social Housing PPP Programme, consisting of three PPP bundles with a capital value of circa €300m.
  • Assisting Dublin Port with a wide range of activities relating to its operations and the redevelopment of the Alexandra Basin, a €250m strategic infrastructure project.
  • Acting as sole legal adviser to EirGrid, Ireland’s national electricity transmission operator, on all of its procurement activities and disputes.

Matheson

Matheson's strength in financial matters enables it to advise clients on the financing, acquisition, and sale of assets linked to projects and PPP. Furthermore, the practice is experienced in advising clients on delivering infrastructure projects across areas as varied as broadband, renewable energy, and real estate. The practice is headed by Garret Farrelly, who specialises in the financing of energy projects. Rhona Henry heads the firm's construction and engineering team and is also active in projects work and Nicola Dunleavy heads the environmental and planning group. Peter O’Brien left the firm.

Practice head(s):

Garret Farrelly

Testimonials

‘I have worked closely with both the construction and real estate teams over the last year and have always been impressed with the professional approach taken, the attention to detail and the speed at which documents are turned around.’

‘A number of people have stood out across the teams, primarily Sally Anne Stone and Rhona Henry. These particular individuals along with their respective teams, particularly Eva Baumgart and Laura James have been incredibly supportive and proactive on our project.’

Key clients

Iridium Concesiones de Infraestructuras

CLH Aviación

Deutsche Bank

Hines

Oxley Holdings

Ballymore Group

Coillte

GE Energy

Work highlights

  • Advised the National Broadband Ireland project company (backed by Granahan McCourt investments and other investors) on its tender to design, finance, build and operate a high-speed broadband network under Ireland’s National Broadband Plan.
  • Advised Iridium-ACS on a complex road PPP project in Ireland.
  • Assisting CLH Aviación with various matters, including the construction of a new fuel farm at Dublin Airport.

McCann FitzGerald

McCann FitzGerald's projects and PPP team draws on its 'deep and broad-ranging expertise' to advise on large-scale projects across a variety of sectors. The firm handles significant work in the transport sector, particularly for Transport Infrastructure Ireland and the National Transport Agency. Other work includes assisting the National Paedriatric Hospital Development Board with the development of the National Children's Hospital. The practice is led by Eamonn O’Hanrahan, whose 'attention to detail in resolving complex matters is second to none', with Colm Fanning also acting on many projects. Jenny Mellerick departed the practice in March 2019.

Practice head(s):

Eamonn O’Hanrahan

Testimonials

‘Their knowledge of construction contracts and the roles of the various stakeholders is second to none.’

‘Kevin Kelly would be considered the go-to specialist in the Irish construction industry.’

‘They have detailed knowledge of my firm’s business and the regulatory framework within which we operate. This in depth knowledge enables McCann Fitzgerald to provide relevant advice and to be proactive in advising of the impact of market developments.’

‘McCann Fitzgerald’s lawyers are well briefed, knowledgeable and well supported with junior staff who carry out research and other supporting activities. They are always very professional in their approach and dealings with us and other parties.’

‘They have deep and broad ranging expertise with a commitment to meeting the client’s requirements. Eamonn O’Hanrahan has successfully overseen complex negotiations across a broad range of commercial matters. Eamonn’s attention to detail in resolving complex matters is second to none. Michelle Doyle has led on various administrative and procurement disputes. Michelle, through her knowledge of the legal process and excellence in planning and scheduling ensures matters are progressed in a structured and orderly means.’

Key clients

National Paediatric Hospital Development Board

Transport Infrastructure Ireland

Grangegorman Development Authority

Road Safety Authority

Global Student Accommodation

National Asset Management Agency

Dublin Airport Authority

Work highlights

  • Advising the National Paedriatric Hospital Development Board on the construction of the National Children’s Hospital in Dublin.
  • Assisting Transport Infrastructure Ireland and the National Transport Authority with various projects related to the Dublin light rail system.
  • Advised Macquarie Capital/Comhar Housing on Ireland’s pathfinder social housing public-private partnership.

Mason Hayes & Curran LLP

Mason Hayes & Curran LLP advises on some of the largest matters in projects and PPP, including in the education, construction, and energy sectors. Recent highlights include its advice to Exyte Northern Europe on the construction of a new plant for Intel. The practice is jointly headed by Rory Kirrane, who has experience in energy-related projects and 'provides considered, pragmatic advice', and Will Carmody, a 'very strong lawyer' who specialises in project financing. The group frequently works alongside other teams in the firm and, together with the firm's technology group, is advising on the National Broadband Plan. Associate Anne McCarthy, who focuses on construction matters, is also noted.

Practice head(s):

William Carmody; Rory Kirrane

Testimonials

‘Will Carmody is a very strong lawyer with a strong commercial perspective. He has the ability to stay across the detail and make himself available for clients, despite his seniority.’

‘Rory Kirrane provides considered, pragmatic advice; he quickly gets to the crux of the matter, feeding into wider strategy.’

‘Mason Hayes and Curran really understand our businesses and have an excellent breadth of legal expertise.’

Key clients

SSE

Irish Water

Equinor

Bank of Ireland

EirGrid

Ulster Bank

Greencoat Renewables

Norddeutsche Landesbank Girozentrale

Allied Irish Banks

Irish Life

University College Cork

Work highlights

  • Advising Exyte Northern Europe as the lead contractor on Intel’s $4bn expansion of its Leixlip plant.
  • Assisting Hines with the development of a 400 acre land bank in the Cherrywood strategic development zone in County Dublin.
  • Acting for University College Cork on its €400m campus infrastructure investment programme.

Philip Lee

Philip Lee advises public and private sector clients in the projects and PPP sphere. Recent work includes handling PPP projects for the National Development Finance Agency and advising Katima/Equitix as preferred bidder for Social Housing Bundle 2. The practice is led by Kerri Crossan, who specialises in procurement and construction projects, and Jonathan Kelly, who is very active in transactions and financing related to projects. Angelyn Rowan joined the team from Eversheds Sutherland in October 2019. Hugh Cummins is another key contact.

Practice head(s):

Kerri Crossan; Jonathan Kelly

Key clients

National Development Finance Agency

HSE

Kajima Partnerships

Equitix

McGarell Reilly

Port of Cork

Yroo

Work highlights

  • Advising the Health Service Executive on its Community Nursing Units PPP.
  • Assisting the National Development Finance Agency with the Devolved Schools Building Programme 2.
  • Acting for Westmeath County Council on the proposed development of lands at Lissywollen, Athlone.

William Fry

William Fry assists with contracting and bidding for PPPs, as well as handling all aspects of projects including litigation, regulatory, and procurement issues. Highlights included advising Diageo on the regeneration of St. James’ Gate Guinness Brewery, one of Dublin’s largest tourist attractions, as well as acting for EirGrid on a power cable between Ireland and France. The team is led by Liam McCabe and includes the ‘excellentFergus Devine, as well as Jarleth Heneghan and Cassandra Byrne, who are ‘always clear, concise and straight to the point’.

Practice head(s):

Liam McCabe

Testimonials

‘Exceptional level of service and professionalism- very clear that the team had tons of experience in this area, and they were excellent at imparting that knowledge. Problems were overcome with a minimum of fuss, and I always had huge confidence in their advice.’

‘The team has strength in depth, and we have built strong relationships with more than one individual, both at partner and associate level. The quality of service has not been defined by the individuals we are working with.’

‘I find William Fry as a practice very professional, committed and knowledgeable around all circumstances that arise with building contracts. Having worked with William Fry for many years my experience is that they have successfully delivered on all projects on which they have been involved.’

‘Great technical knowledge and excellent tracking of issues requiring close-out. The pairing of Jarleth Heneghan and Cassandra Byrne makes them a real pleasure to work with.’

‘I work predominately with Jarleth Heneghan and Cassandra Byrne within William Fry. They are very committed and turn around any requests very efficiently and accurately. They always seem to be available when contacted or return calls within very short periods of time. They are always clear, concise and straight to the point which is not always the case on building contracts I find.’

‘All my interactions with William Fry have been proactive and knowledgeable on the development of building/appointment contracts and their particulars. My interaction with other practices has been minimal but William Fry have always been extremely easy to deal with.’

‘Fergus Devine and Jarleth Heneghan made themselves available round the clock during the transaction, response times to emails were excellent and phone calls were always returned without delay. Both were excellent at minimising the stress that accompanies a large scale PPP transaction working to a tight timeline.’

‘Legal and technical ability is taken as a given. The individuals we work with develop a broader relationship with us than simply dealing with the legal issue at hand. There is a personal connection too, which makes dealing with challenging legal situations much easier as the familiarity between us benefits open idea swapping and mutual support and respect. They are also adept at dealing with challenging/new situations, and how these can be addressed effectively through the provisions of the contract. Their advice in preparing correspondence to protect the client is very good, ensuring the client is well positioned for whatever eventuality arises. We have also found that they can adopt a strong strategic position to suit a long-play situation, and have done so very successfully in protecting a client and optimising the outcome of high-risk scenarios.’

Bryanna Ryan:- Fabulously personable really competent young RE lawyer. Very intuitive and a great way of working with people.

Key clients

Bord Gáis

Circle K

Department of Public Expenditure

Dublin Airport Authority

Dublin City Council

Dublin City University

Eirgrid plc

Work highlights

  • Advising Diageo on the regeneration of St. James’ Gate Guinness Brewery, one of Ireland’s largest tourist attractions.
  • Assisting the Royal College of Surgeons in Ireland with the procurement and construction of its education and research centre at Beaumont Hospital and Connolly Hospital campus.
  • Advising Dublin City Council on a large-scale PPP accommodation project at Charlemont, Dublin.

3 Verulam Buildings

Byrne Wallace's projects and PPP team has 'depth across a number of industries' and is led by Fergal Ruane, who joined in 2018 from Maples and Calder and was previously Head of Legal at Transport Infrastructure Ireland. The practice works with a number of public sector bodies, where it handles procurement matters. In addition, it is also assisting with private sector projects and is advising the main electrical contractors on Intel's Leixlip facility

Practice head(s):

Fergal Ruane

Testimonials

‘Their procurement experience is exceptionally strong. Reliable advice on negotiation and contracts. Good communication breaking down complex issues. Meticulous work in conveyancing.’

‘A well balanced team with depth across a number of industries.’

‘Gavin Blake is an excellent relationship builder and communicator.’

Key clients

Twinlite

Fingal County Council

Waterways Ireland

Irish Water/Ervia

Work highlights

  • Advising Fingal County Council on the procurement procedures for the development of large-scale mixed tenure residential developments at three different sites comprising over 3,000 units.
  • Advising Irish Water (Ervia) on the acquisition by agreement and/or compulsory purchase of property for the purposes of the development of water infrastructure.
  • Assisting IDA Ireland with a number of procurement procedures relating to office developments.

LK Shields Solicitors

Led by Richard Curran, LK Shields Solicitors' projects and PPP practice is engaged on large-scale projects across the sector. A particular highlight was its work for MDM/Deep Sea Fibre Networks in relation to a fibre-optic cable system between Dublin and Southport. The firm is also particularly active in the area of soft infrastructure such as care homes. Other work involves the growing areas of social housing and telecoms.

Practice head(s):

Richard Curran

Key clients

Infra Via

Wirefox

Clonrose Developments

Crosslane

October Investments

CareChoice

Coillte

Ameresco

Work highlights

  • Advising MDM / Deep Sea Fibre Networks on the design and construction of a new 229.7km international fibre-optic cable system to provide connectivity between Co. Dublin and Southport, UK.
  • Acted for CareChoice on agreeing template form construction contracts and project structures with a third-party funder, which could be rolled out in relation to a pipeline of  construction work valued in excess of €100m.
  • Acting for Ameresco on the upgrade of a wind farm in Co. Kerry, including the conclusion of a new connection agreement with ESB and an operations and maintenance contract for the next 20 years with Dutch company Bettink.

Maples Group

Maples Group's projects and construction team is particularly active in the financing of projects, including nursing homes, schools, and social housing. The team, which is led by Mary Dunne, also assists with the funding of PPP projects. In recent work it acted for motorway infrastructure company Zhol Sapa on its establishment as a legal entity in Ireland and advised it on a tendering process.

Practice head(s):

Mary Dunne

Testimonials

‘We work with Lynn Cramer, Mary Dunne, and Will Darmody. They have the ability to take a legal challenge and simplify it all, making each stage of the legal process comprehensible with huge ambitions for us to succeed. They have expertise and recommendations that went beyond the legal requirement, factoring in the social challenge in hand as well as advising on the law, looking at the impact on the bigger picture.’

‘The professional relationship with Enda O’Keefe is exceptional.  He is very flexible to meet our deadlines even when we need something done urgently. Their knowledge in construction matters is very impressive. We send him different pieces of information and the outcome of the first draft received normally exceeds our expectations due to the complexity of the technical and construction information involved.’

Key clients

AMP Capital Investors

Eagle Horizons

Ervia

Gas Networks Ireland

Hines

Irish Water

JB Barry and Partners

Macquarie/Ashurst

Marlet

NFE/Fortress

Passage Healthcare

Tifco

Work highlights

  • Advising the lending syndicate to the Macquarie bidding consortium on Social Housing Bundles 1, 2 and 3 PPP projects for 1,500 units being procured by the NDFA.
  • Acting for the consortium of TJ O’Connor and Associates, JB Barry and Partners  and RHDHV (Royal Haskoning of the Netherlands), as the developers on the Ringsend waste water treatment plant.
  • Assisting Transdev, the incumbent operator of Dublin’s light rail network, with its bid for the next contract.