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ARTICLE · 14 APRIL 2015

From Handshake To Ribbon Cutting: Lessons In Implementing Economic Development Incentives That Avoid Clawbacks

Once an incentive agreement is in place, it is time for the company to get to work building and staffing the new or expanded facility.

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Once an incentive agreement is in place, it is time for the company to get to work building and staffing the new or expanded facility. While the economics of a deal are typically still on track, the initial buildout/expansion can raise issues that may not have been anticipated during the negotiation process, such as construction delays, interim hiring or how to calculate average salaries of new employees. As these questions arise, it is critical to work collaboratively with the development agency to ensure maximum value to the recipient business.

An all-too-typical problem is construction delays. An incentive proposal or application will usually include a construction schedule. The planned construction benchmarks included in the proposal then become performance requirements in the incentive award agreement. After the agreement is signed, unforeseen delays arise such that the business cannot meet the specified timeline. Economic development agencies are typically

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