Public Private Partnerships
Energy and Infrastructure
Since PPPs began to gain ground with the government's action plans from 2001 and 2004, we have built unique and extensive PPP/PPC expertise, including expertise on ESCOs. We have advised on basically all PPP projects that have been carried out in Denmark.
Advising public authorities
We advise public authorities on the design and planning of PPP strategies. This includes advice on the choice of partnership form (e.g. PPP, PPI and ESCO), preparation of feasibility studies and drafting of procurement documents. We draft the contract documents and determine the allocation of duties. In addition, we map out and manage the risks involved in each case, to the extent possible. We also assist in exploring private finance options.
Advising contractors
We assist contractors in PPP projects, e.g. in connection with prequalification, risk identification, contract drafting and negotiations. We act as a commercial sparring partner, assessing the effects and making recommendations as to the handling of the project in relation to the existing commercial basis. We are very experienced in advising on financing, drafting loan and security documentation and issuing legal opinions in relation to PPPs.
On Public Private Partnerships (PPPs)
A PPP is a contract between a public authority and a private company which is used for the provision of public services. It is a type of outsourcing contract, integrating in one single agreement the design, set-up and operation (and often also financing) of public services. Under a PPP contract, the parties are often bound for a long period of time, e.g. 30 years, and a considerable part of the investments and risks are shared between the contracting authority and the private company (the PPP contractor).
On Energy Service Companies (ESCOs)
ESCO contracts are concluded for the purpose of effecting major energy savings projects in large public and private building stock. It is an attractive and self-financing type of contract which is suitable for both private and PPP projects as the costs of modernising private and public buildings are financed via the energy savings achieved by means of the ESCO project.
An ESCO project offers an end-to-end solution consisting of advice, the construction project and continuous monitoring of the energy savings achieved. Moreover, it is a good alternative to traditional methods that must be financed by the company itself.