Projects and PPP in Ireland

A&L Goodbody LLP

A&L Goodbody LLP's sizeable projects and PPP practice handles the largest and most complex matters in the Irish market, with its partners having a range of specialisms. In addition to handling high-value transportation and water treatment projects, the team is at the forefront of the growing sectors of offshore wind energy and data centres. Practice heads Ross Moore and Kevin Feeney have deep and broad experience in projects work, while John Dallas stands out for his work in the energy sector. Senior associate Jamie Rattigan is another key name to note.

Practice head(s):

Ross Moore; Kevin Feeney

Other key lawyers:

John Dallas; Jamie Rattigan

Testimonials

‘They manage the delivery of excellent technical advice in a co-ordinated and rounded manner facilitating the communication of legal risks to the project team, notwithstanding the sudden move to remote working.’

Key clients

Transport Infrastructure Ireland

Parkwind NV / Oriel Windfarm Limited

Gas Networks Ireland

Echelon Data Centres (owned by Aldgate Developments Limited)

Irish Water / Ervia

Banco Santander, S.A., Paris Branch, Ing Bank N.V., Natixis London Branch, Abn Amro Bank N.V., NIBC Bank N.V., Nomura Corporate Funding Americas, Llc, Sumitomo Mitsui Banking Corporation and Société Générale London Branch (as a club of Lenders)

Sustainable Development Capital LLP and SDCL EE CO (Ireland) Limited

Allied Irish Bank plc, Natixis, Banco de Sabadell, S.A., Export Development Canada, and Canadian Imperial Bank of Commerce (as a club of Lenders)

Asper Investment & Craydel Group

Glenveagh Properties PLC

Statkraft Ireland Limited

BlackRock Investment Management (UK) Limited

Nord LB

Glennmont Clean Energy Cooperatief U.A.

The Royal Bank of Scotland (as agent for a syndicate of international lenders)

Nephin Energy Limited

ING Bank N.V and NIBC Bank N.V

Siga-Hydro Limited

Hanwha Energy

Enel Glo

Work highlights

  • Advising Transport Infrastructure Ireland (TII) on all consenting and environmental law; procurement law; and contracts law issues associated with the Dublin MetroLink project.
  • Acting for Oriel Windfarm on the development of the proposed 330MW Oriel offshore windfarm in Ireland.
  • Advising Echelon Data Centres, owned by Aldgate Developments Limited (as the developer) on the construction of a data centre in Clondalkin with an estimated capacity of 40MW.

Arthur Cox

Arthur Cox handles the financing, refinancing and development of projects, acting for lenders, sponsors, and contractors. As well as advising on projects in the residential and transport sectors, the practice stands out for its work in growing areas such as renewable energy and data centres. The team also advises public bodies on the procurement of infrastructure projects. Practice head Alex McLean is known for his work on energy projects. Aaron Boyle‘s practice spans the full gamut of matters in this area including procurement, PPP transactions and financing, and Karen Killoran and recently promoted partner Niamh McGovern are other names to note.

Practice head(s):

Alex McLean

Other key lawyers:

Aaron Boyle; Karen Killoran; Niamh McGovern

Key clients

National Broadband Ireland

Greenlink Interconnector Limited

Intel Ireland

Spencer Dock Convention Centre Dublin DAC

Iarnród Éireann (Irish Rail)

daa plc

Facebook Inc

Energia Renewables

BAM PPP

Coillte

Legal & General

Tristan Capital Partners & Royalton Group

Land Development Agency

DZ Bank AG and the European Investment Bank

Export Import Bank of Korea and Kookmin Bank

BAM/Live Nation

St James’ Hospital

Infrastructure Investment Fund ICAV acting through its sub-fund Valley Healthcare Fund

Celtic Roads Group

Work highlights

  • Advising National Broadband Ireland on all aspects of the National Broadband Plan.
  • Advising Greenlink on the Irish regulatory and legal aspects of the development, construction and financing of the 500MW HVDC Greenlink Interconnector linking Co. Waterford in Ireland with Wales in the UK.
  • Advising LDA on its establishment to provide funding of €1.2bn to the social and affordable housing sector.

Eversheds Sutherland

Eversheds Sutherland stands out for its experience working for public bodies, where it advises on procurement, financing and development. The practice is particularly active in assisting with PPP bundles in the residential and education sectors, and also advises private sector clients on projects. The practice is led by Mark Varian, who specialises in the energy sector, and Peter Curran, who leads on PPP work.

Practice head(s):

Mark Varian; Peter Curran

Testimonials

‘Very comprehensive and experienced team which offers a complete service in infrastructure/PPP which is unique in Ireland.’

‘Peter Curran is a standout procurement lawyer and one of the leading individuals in the field of procurement law.’

Key clients

National Development Finance Agency

Johnson & Johnson

Dublin Port Company

EirGrid

National Paediatric Hospital Development Board

Réseau de Transport d’Electricité

Irish Water

Gas Networks Ireland

Coillte (Irish Forestry Service)

Temporis Capital

Vinci Concessions/Abtran/Turas Mobility

TUV Rhineland

Macquarie Capital

Severn Trent Water

China General Nuclear

SMR International Windparks

Enercon

Sojitz Corporation

Craydel Group

Payzone Ireland

Derry City Council

Residential Tenancies Board

Educational Research Centre

Dublin Airport Authority

Work highlights

  • Acting as lead legal advisors on a joint procurement by EirGrid and its French counterpart, Réseau de Transport d’électricité (national transmission system operators) of a 600km electricity interconnector between Ireland and France (total value €1bn).
  • Advising the National Development Finance Agency on various major PPP Projects in the area of education and social housing.
  • Acting as advisors to Dublin Port on a wide range of matters associated with port redevelopment including a €300m bond placement.

Matheson

Matheson's sizeable projects and PPP team frequently acts alongside the firm's corporate, banking, and environmental teams to handle a range of matters. The financing and development of projects are a core strength and the group is particularly active in renewable and conventional energy, telecoms and transportation. The practice also advises on PPP projects as well as corporate transactions involving project assets. Garret Farrelly leads the team and has a broad practice in this area, with a particular focus on financing transactions. Rhona Henry is noted for her work on multiplex developments and senior associate Conor Blennerhassett provides additional support.

Practice head(s):

Garret Farrelly

Other key lawyers:

Rhona Henry; Nicola Dunleavy; Isla Stewart; Conor Blennerhassett; Sean Scally

Testimonials

‘High level of knowledge of our industry and great to assess risks and actions to mitigate those.’

‘We recommend Garret Farrelly, Conor Blennerhassett, and Russell Rochford.’

‘Great attention to detail and very determined to get the best outcome for their client. Constantly exploring avenues and highlighting issues that we should be aware of and consider. Information, advice and opinion is provided in clear understandable language in a friendly and relaxed manner.

‘Easy to talk to, straightforward, straight talking friendly people. At the same time well able to pull on the jersey and fight for the team when the need arises. Conor Blennerhassett and Isla Stewart were particularly helpful.’

Key clients

Abbott

ACS Iridium

Air Liquide, SA

Allianz Capital Partners

AMP Capital Partners

Aramark Corporation

Astellas

Aviva Investors

BL Energy Ventures Limited

Bank of Ireland

BBVA

Berkshire Hathaway

Bord na Mona

Brookfield Multiplex Construction Europe Limited

Brookfield Renewable Ireland Limited

Burmeister & Wain Scandinavian Contractor A / S

Cadent Gas Limited

Caterpillar Inc.

Department of Communications, Climate Change and Environment

CLH Aviación, SA (part of the Compañía Logística de Hidrocarburos group)

Clonmont Developments Limited

Close Brothers Ltd

Coillte

Commission for Regulation of Utilities (CRU)

Credit Agricole

CRRC Qingdao Sifang Co., Limited

DNB Bank ASA

Drogheda Port Company

Dragados S.A.

Dromash Holdings Ltd

DZ Bank

EDF Renewables

e|net

Eirgrid

Export Development Canada

Exxon Mobil

FCC Construcción, S.A.

First Reserve

Fred Olsen Renewables

General Electric Company

Go Ahead Group

Greencoat Renewables plc

Hanwha Energy Corporation

Hanwha Q Cells GmbH (UK)

Helios Technology Ltd

Hess LNG

Hines

Hones / APG ICAV

Hamburg Commercial Bank (formerly HSH Nordbank)

HSBC Bank plc

IndaverIreland Limited

JCD Group

John Laing

ING Bank

John Sisk & Son Limited/Sisk Group

JP Morgan (Dublin)

Keolis

KFW IPEX-Bank

Liffey Meats

Macquarie Investment Bank

Microsoft Corporation

Mitsui & Co Ltd

National Treasury Management Agency (NTMA)

Naturgy Ltd

Nexen Energy ULC

NFE Management LLC

NGET / SPT Upgrades Limited

Partners Group (UK) Ltd.

Pat Smith Engineering Limited T/A PSE Power

Rabobank

Ratio Petroleum Limited

Renewable Energy Systems Ltd

Roche Diagnostics Limited

Saorgus Energy Limited

Shannon LNG Ltd

Storm Management N.V.

Smart Wires, Inc

Smartest Energy Ltd

Statkraft Ireland Ltd

TerraForm Power Inc

Tetra Communications Ireland

The Carbon and Energy Fund

The Ireland Strategic Investment Fund

The Renewables Infrastructure Group Ltd

Tynagh Energy Limited

Warburg Pincus

William Grant & Sons Ltd

Woodside Energy Ltd

Vermilion Energy, Inc

Zenith Energy

Ulster Bank

Work highlights

  • Advising the FCC Construcción-JJ Rhatigan construction joint venture on its bid with Macquarie and Sodexo for the €150m Community Nursing Units PPP, the first ever Irish nursing PPP.
  • Providing Irish legal advice to CRRC, the Chinese State rolling stock manufacturer, on all legal aspects of its tender to Irish Rail for the procurement of new EMU (electric) and BEMU (battery electric) heavy commuter rail vehicles required for the expansion of the existing DART heavy rail commuter transportation network.
  • Advising Hanwha on all aspects of the project financing of a 200MW battery storage project in Ireland.

McCann FitzGerald

McCann FitzGerald has a proven track record of advising on projects across a range of sectors. The team is adept at advising state bodies on the procurement of infrastructure, particularly transport projects, and is also experienced in advising on the financing, refinancing and development of private sector projects. Practice head Eamonn O’Hanrahan handles financing and development work; Stephen Proctor is a key name for construction contracts; Brendan Slattery provides environmental and planning advice; and Colm Fanning is noted for his work on financing.

Practice head(s):

Eamonn O’Hanrahan

Other key lawyers:

Stephen Proctor; Brendan Slattery; Colm Fanning

Testimonials

‘I found that it was most helpful to be able to deal with experts in each individual field eg property, planning, tax, procurement, etc.’

‘They all allow the client to provide feedback and suggestions.’

‘The firm has exceptional capabilities in the area of projects and PPP practice, providing an excellent service for clients and seeking to ensure that they obtain the optimal outcomes in all cases.’

‘Vast knowledge of relevant key topics and solid verifiable advice given set out in terms that are easily understood.’

‘Accessible, approachable, engaging, knowledgeable. ’

‘The McCann FitzGerald team have an in-depth knowledge of PPP contracts. This allows for an efficient and informed response to any matters raised on which assistance is required. McCann Fitzgerald adopt a proactive approach in terms of flagging any emerging legislative/regulatory matters that require consideration in terms of potential impacts on PPP contracts. The accessibility of key staff members to discuss matters arising on PPP contracts is invaluable.’

‘I work closely with Eamonn O’Hanrahan. Eamonn’s attention to detail when preparing documents, contracts etc is second to none. Eamonn is particularly good at setting out the 360-degree view on matters, which is very beneficial in contract negotiation settings and in resolving contractual disputes. The timeliness of responding to matters is important to my firm and McCann Fitzgerald are consistently good on this front.’

Key clients

Transport Infrastructure Ireland

National Transport Authority

Road Safety Authority

Housing Finance Agency

Allied Irish Banks, p.l.c.

Housing Infrastructure Services Company

Apollo Global Management, LLC

Office of Public Works

National Paediatric Hospital Development Board

National Development Finance Agency

Department of Education

Ervia/Gas Network Ireland (GNI)

Bord na Móna

Greencoat Renewables

Brookfield Renewable Ireland

Work highlights

  • Acted for Allied Irish Banks on its project financing of Derrysallagh Wind Farm, a 32MW REFIT 2 onshore wind farm project located in Co. Sligo, Ireland, comprising of 10 x GE 103 3.2MW turbines which benefits from a 13 year REFIT 2 support.
  • Advising Transport Infrastructure Ireland on public procurement, regulatory and contractual matters connected to its ongoing programme for enhancing Motorway Operation Services.
  • Advising the Office of Public Works on the refinancing of the Convention Centre Dublin PPP.

William Fry

The 'results-focusedLiam McCabe leads the versatile team at William Fry, which handles the procurement, financing and development of a wide range of projects. In 2020, the team's work included matters in the power, telecoms, energy, and real estate sectors. Fergus Devine specialises in the power and energy sectors and construction partner Jarleth Heneghan is also active in this area, particularly on IT and PPP projects. Consultant Cassandra Byrne is another name to note.

Practice head(s):

Liam McCabe

Other key lawyers:

Fergus Devine; Jarleth Heneghan; Cassandra Byrne; Bryanna Ryan; Jeremy Curran

Testimonials

‘The team leader is Liam McCabe who sets the high standard of service delivery and is always available for a quick chat on a specific issue and always results-focused. Bryanna Ryan has worked alongside Liam for many years and comes from the same sharp minded mould as Liam. Bryanna gives total focus to the projects delivering top of the line expert legal and commercial support. Jeremy Curran has wide-ranging, well-honed skills beyond legal and commercial and would be a most valuable asset to any large complex contract negotiation.’

‘Very insightful and pragmatic advice – not simply formulaic. I have found some other firms simply provide the textbook advice without acknowledging or advising on real world practicalities.’

‘Liam McCabe has an enormous knowledge of the industry and the players and connections. He seems to almost predict what the client is looking for and builds on that with support from his team including Garrett Breen and Patrick Murphy.’

‘Excellent response time and clear concise advice.’

‘Jarleth Heneghan and Cassandra Byrne have a great dynamic within the team which allows for open discussions on alternative solutions to issues. Clarity and response time are excellent.’

‘I have worked with William Fry for almost twenty years and believe them to be one of the top legal firms in the country. I have found that the experience that they can bring to bear with the most complex of construction contract requirements put them right at the front industry. The William Fry teams that I have worked with in the past are always available to their clients and design teams with any advice or information required. ’

‘I have found all of the William Fry team to be highly experienced on all relevant construction contract issues. I am always particularly impressed with their commitment and availability around the clock to respond to any requests. Particular mention to the following: Liam McCabe, Jarleth Heneghan and Cassandra Byrne.’

Key clients

Allied Irish Bank

Bord Gáis

Bord na Móna

Brookfield Renewable Energy Group

Circle K (formerly Topaz)

Department of Public Expenditure & Reform

Department of Communications, Climate Action & Environment

Diageo

Dublin Airport Authority

Dublin City Council

Dublin City University

Dublin Institute of Technology

Dublin Port Company

Dun Laoghaire Rathdown County Council

Eirgrid plc

Electricity Supply Board

European Investment Bank

Fingal County Council

Hammerson plc

Hines

Horse Racing Ireland

Irish Infrastructure Fund

Louth County Council

MML Growth Capital Partners Limited

National Treasury Management Agency

National Asset Management Agency (NAMA)

Offaly County Council

SOLAS

South Dublin County Council

The Governor and Company of the Bank of Ireland

The Royal College of Surgeons in Ireland

University College Dublin

Westmeath County Council

Ulster Bank Ireland Limited

Work highlights

  • Advising the Department of Communications, Climate Action & Environment on the National Broadband Plan, Ireland’s largest PPP project.
  • Advising EirGrid on the Celtic Interconnector Project, the proposed 700MW Celtic Interconnector between Ireland and France, including advising on the successful attainment of a €530m EU grant to the project.
  • Advising Diageo on all aspects of the landmark St. James’ Gate Guinness Brewery site to be known as Guinness Quarter, a new urban quarter extending to approximately 12.5 acres of redevelopment in central Dublin (€1.1 bn).

ByrneWallace LLP

ByrneWallace LLP has considerable experience advising on the development and financing of projects, and is particularly active in the residential sector. The team also advises on manufacturing facilities and office spaces, among other developments. Fergal Ruane heads the practice, which is able to draw on the expertise of partners from other departments in the firm, including construction specialist Martin Cooney and Gavin Blake, whose has considerable experience of the energy sector.

Practice head(s):

Fergal Ruane

Other key lawyers:

Martin Cooney; Gavin Blake; Michael Walsh

Testimonials

‘ByrneWallace provide a comprehensive, professional legal service for our organisation. They respond promptly to requests for advice and offer clear communication re pricing and response times.’

‘Fergal Ruane has provided advice to our organisation on a major commercial development opportunity. Fergal has offered considerable advice, expertise and guidance to us in this matter, showing a clear understanding of any new relevant developments in this area which may have impacted on our own development proposals and talking us through similar projects – which was invaluable given our inexperience in that field. Fergal is professional yet very personable and has always been available at short notice to discuss any issues and concerns we have had and we look forward to his continued advice on this project.’

Key clients

Chartered Land

Ballymore Group

Mercury Engineering

Fingal County Council

Dublin City Council

Waterways Ireland

Irish Water/Ervia

IDA Ireland

Twinlite

Work highlights

  • Advising the Ballymore Group on the development and off-market forward funded sale of over 400 residential units at Royal Canal Park in Dublin.
  • Advising Fingal County Council on the procurement procedures for the development of large-scale mixed-tenure residential developments at three different sites (over 3,000 units) which includes private, social and affordable housing.
  • Advising Chartered Land, an Irish property company which specialises in the completion of residential developments, on the corporate, construction and commercial aspects of the development of over 800 residential units at two large sites in Dublin (Finglas Road and Parkgate Street).

Mason Hayes & Curran LLP

Mason Hayes & Curran LLP's team advises on projects including commercial developments and renewable energy, as well as acting for state bodies on project procurement. The team's clients also include lenders, project sponsors, contractors, and developers. William Carmody is a banking specialist, acting for lenders and borrowers; he heads the practice together with Rory Kirrane SC, who has a particular focus on the energy sector. Construction partners Shane Dolan and Eoin Cassidy, who is particularly active in renewable energy, are also key contacts in the team, as is David Gunn, who was a new arrival from Beauchamps in 2020.

Practice head(s):

Rory Kirrane SC; William Carmody

Other key lawyers:

Shane Dolan; Eoin Cassidy; David Gunn; Anne McCarthy

Key clients

BAM Civil Limited

Department of Communications, Climate Action & Environment

Norddeutsche Landesbank Girozentrale

Allied Irish Banks p.l.c.

NTR plc

Hines Real Estate Ireland

Irish Life Assurance / Irish Life Investment Managers

SSC Property ICAV

Lou Investments

Work highlights

  • Acting for Dragados and BAM, the unincorporated construction joint venture responsible for the design and construction of N25 New Ross Bypass PPP Scheme, in litigation associated with the Barrow Bridge.
  • Acted for the lenders to Kenmare Resources on its debt facilities including a term loan facility and revolving credit facilities.

Philip Lee

Philip Lee is well known in the projects space for its work on PPP projects, including projects in the education, healthcare, and housing sectors. In addition to advising public bodies on tendering and procurement processes, the team is also advising the preferred bidders on a number of PPP bundles. The practice is led by Kerri Crossen and Jonathan Kelly, and also includes Angelyn Rowan and Hugh Cummins.

Practice head(s):

Kerri Crossen; Jonathan Kelly

Other key lawyers:

Hugh Cummins; Angelyn Rowan

Testimonials

‘The strengths that differentiate the Philip Lee team from other legal firms we deal with include their focus on providing comprehensive service to the client that is delivered in a comprehensive, practical and cost effective manner.’

‘The services provided are very much a partner-led and delivered service which compares favourably to other firms where the service sometimes may be partner directed but is often delivered by associates. Notwithstanding, the Philip Lee associates and trainees are very much a part of the team and there is strong emphasis on a team-delivered service where each member has clear roles and responsibilities. Philip Lee’s excellent approach to building and maintaining client relationships is of particular note and, most importantly, they are there when you need them the most no matter how short the notice is.

‘The knowledge and experience Kerri Crossen brings to managing our service requirements is exceptional, in particular her knowledge and experience in the PPP sector. She has acted for parties on all sides of the contractual structure and this provides significant benefits to us as a client. She is particularly insightful on commercial issues, given her knowledge and experience of the sector, but also has detailed knowledge of the procurement requirements, the contract structure and documentation, thus providing clear, sound advice on the legal implications of the commercial arrangement being entered into. We are a large company and, as such, our requirements can be extremely complex and varied. As the lead partner delivering our service she manages a team to provide inputs across multiple practice areas from the wider firm to provide us with comprehensive and high-quality advice and services.’

‘Kerri has a great ability to present complex information relating to large-scale commercial projects in a way that that is easily understood. She is a pleasure to work with, very hands on and available. Angelyn Rowan is extremely focused and knowledgeable in her area and this has provided significant dividends for us as a client. She is very accessible and solutions focused with an attention to detail that is outstanding, particularly when dealing with the commercial impacts of large-scale complex projects. Angelyn’s experience and knowledge of advising on complex contractual structures – such as PPP projects for the public sector – is extensive and this makes her very sought after.’

Key clients

Kajima Partnership Limited

Equitix

National Development Finance Agency

Port of Cork

Health Service Executive

John Sisk and Son

DIF Infrastructure

Work highlights

  • Advising the HSE on the operation of its project agreement governing the construction and operation of 14 new primary care centres.
  • Advising National Development Finance Agency on Phase 1 of the Devolved Schools Building Programme 2.
  • Advised Kajima Partnerships Limited and Equitix, as the preferred bidder, on the Social Housing Bundle 2 PPP Project.

LK Shields Solicitors LLP

LK Shields Solicitors LLP advises clients on contractual matters for the development of energy, residential property, healthcare, and telecoms projects. The team also advises lenders on the financing of these projects. Richard Curran leads the team, with consultant Seanna Mulrean another key contact. Jamie Ritchie was promoted to partner in July 2020.

Practice head(s):

Richard Curran

Other key lawyers:

Seanna Mulrean; Jamie Ritchie

Key clients

Ameresco

McMahon Design and Management (MDM)

CareChoice

Coillte

Crosslane

Work highlights

  • Acted for Ameresco, one of North America’s leading renewable energy companies, (acting through its Irish-incorporated subsidiary, Kerry Sustainable Energy Limited) on its acquisition and upgrade of a wind farm at Beale Hill in Co. Kerry.
  • Acting for MDM / Deep Sea Fibre Networks on the design and construction of a new 221km international fibre optic cable system to provide connectivity between Co. Dublin and Southport, UK.
  • Acting for CareChoice (a subsidiary of Paris-based private equity firm Infra Via) on its roll out of new build and extension projects with an anticipated total value of in excess of €100m.

Maples Group

Maples Group draws on its experience of the banking and finance sector to advise on the financing and refinancing of projects in Ireland, particularly PPP projects. The team advises both the lenders and borrowers on projects including hospitals, nursing homes, and private rental schemes. Mary Dunne is the practice head.

Practice head(s):

Mary Dunne

Testimonials

‘The team work seamlessly together across departments. Mary Dunne heading my relationship ensures smooth transactions across departmental lines. Each team excels in their knowledge and implementation of that knowledge to the needs of the client.’

‘Mary Dunne leads with exception, charisma and an approachability that is rare at the top levels of the big firms, linking that with her outstanding attention to details, knowledge and implementation of her knowledge to every challenge makes me as a client feel totally at ease with the knowledge my projects will have little to no problems. ’

‘Robust market knowledge.’

Key clients

AMP Capital Investors UK Limited

Eagle Horizons

Ervia

Gas Networks Ireland

Hines

Irish Water

JB Barry and Partners Limited

Macquarie/Ashursts

Marlet

NFE/Fortress

Passage Healthcare

Royal Haskoning of the Netherlands (RHDHV S.A.R.L)

Tifco

TJ O’Connor and Associates

Transdev

Tristan Capital Partners

Twin Point Capital

Version 1 Limited

Singlepoint

Sanigest International

Cardinal Capital Group

Palm Capital Partners

Allied Irish Banks plc

Korea Development Bank

Work highlights

  • Advised Twin Point Capital, one of the three shareholders in PPP Co., on the €3bn National Broadband PPP Project that reached financial close in November 2019.
  • Advised the lending syndicate to the winning Comhar consortium on Social Housing Bundles 1, Ireland’s first-ever PPP contract for social housing and Europe’s first-ever European Investment Bank-financed PPP social housing scheme.
  • Advising Allied Irish Bank and Legal and General on the refinancing of the senior debt for the National Conference PPP Project.