1. Infrastructure
& Projects
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2. Harper Macleod - Driven by partnership2
INFRASTRUCTURE & PROJECTS
Major infrastructure projects are a crucial part of the UK
economy.Whether schools or hospitals, roads or housing,
the need to deliver major developments which bring
investment and long-term benefits to communities around
the land – and all for a reduced public purse - is fundamental
to economic growth.
Our infrastructure & projects team is at the forefront of this
sector. Spearheaded by Partners Euan Pirie and Euan Mitchell,
our team is a market leader in projects procured either
through the hub initiative or under the Scottish non profit
distributing model.The infrastructure & projects team also
works closely with our award-winning public sector team
in relation to complex, high-value and high-profile public
sector procurements.
The team draws together highly experienced lawyers across
all relevant practice areas to deliver a multi-disciplinary
full-service offering to all our clients.
Our business ethos is one of high efficiency and giving the
best value for our fees, which we can bring to bear in this
competitive area to ensure our clients are able to deliver
as much as they can for the funds that are available.
Key areas of activity:
• The hub initiative
• NPD and revenue funded projects
• Student accommodation projects
• Managing operational projects
• Secondary market
The hub initiative
Our Infrastructure & Projects team has been active in the
Scottish Government’s hub initiative from the outset.We are
one of the few firms to have been involved advising parties
in connection with all five hub territories in Scotland.The
involvement of our team in every territory has meant that
we played a significant part in establishing the “ground rules”
for hub projects.
Work examples
Our work with HNS has also involved a total of eight separate
schools projects, with a combined capital value in excess of
£250m, as well as two health projects. Our most recent project,
the new £55.75 million Anderson High School and halls of
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residence on Shetland, reached financial close in the summer
of 2015 and is expected to open in 2017.
NPD and revenue funded projects
Our team has a long track record of acting for all parties
involved in stand-alone capital infrastructure projects procured
through the Non Profit Distributing (NPD) and other revenue-
funded models.We have been involved in the majority of the
NPD projects closed and procured in Scotland.
Work examples
Tayside Mental Health Developments NPD Project - we advised
NHS Tayside on the the first health scheme closed using the
NPD model, and advised the Project Company in relation to the
Moray Schools PPP project.These projects were important to
the development of the NPD model and ensuring buy in from
the private sector to the model.
Student accommodation projects
Our team has extensive involvement in the Student
Accommodation Sector.This is a growing and diverse market
with schemes varying from those promoted and controlled
by the relevant University or Further Education establishment
through to those promoted as purely commercial operations in
areas where established operators see opportunities.The issues
arising from these models are varied and complex.
Work examples
We advised Derwent Housing Association as investor, debt
provider and facilities management contractor as part of the
Uliving consortium in connection with the £180m University
of Hertfordshire Student Accommodation Project, and have also
advised them in connection with a large number of schemes
including ones with Glasgow University, Norwich University
of the Arts and Birmingham City University.
Managing operational projects
There are nearly 100 active PFI/PPP/NPD model projects
operational in Scotland and more than 600 active in the
United Kingdom.As the projects involve long-term contractual
arrangements it is inevitable that issues will arise between the
parties. Our team has significant experience in supporting and
assisting public and private sector clients to ensure that the
process can be achieved as swiftly as possible and to achieve
the best result possible.
3. Harper Macleod - Driven by partnership 3
INFRASTRUCTURE & PROJECTS
EuanPirieis listed as a“LeaderintheField”in
Chambers UK whereheis described as“very
hands-onand quitecommercially driven.”
EuanMitchell is listed as a“LeaderintheField”in
Chambers UK whereheis described as“good -
very clear,heknows what we’redoingand he’s
practical.I’d always usehimforthis typeofwork.”
“They’recertainly at theleadingedgeofthearea.
They’ll dowhatever’s needed toget theproject
toclose-they haveexpertise,commitment,
driveand enthusiasm.”
“They havea good reputationand good
relationships ontheprivatesectorside.”
What they say
about us
Euan Pirie
Partner
t: 0131 247 2505
e: euan.pirie@harpermacleod.co.uk
Euan Mitchell
Partner
t: 0131 247 2540
e: euan.mitchell@harpermacleod.co.uk
Work examples
Advising the Senior Lenders and Project Company on the
Aberdeen Schools NPD Project.This project has been market
leading in dealing with significant numbers of difficulties during
its construction and operation including the insolvency of the
original investors, the facilities management contractor and the
construction contractor.
Secondary market
The revenue funded project model has been in place now for
almost 20 years within the UK and there has long been an
active secondary market for such investors to buy projects from
the original sponsors who often want to utilise their financial
resources in new ventures. Our team acts for clients as both
sellers and purchasers of mature projects.
Work examples
Advising Hochtief PPP Solutions on the sale of its interests in
West Lothian Schools PPP and Access forWigan PPP.Advising
Sweett Group plc on its disposal of interests in a number of
schemes including Dumfries and Galloway Schools PPP.
Market leaders
98 10
40%
80%
80%
5
PFI, PPP & NPD projects
reached financial close
in Scotland in the period
to 31.11.2010
NPD deals in Scotland
reached operational
status in the period to
31.03.2014
HM Infrastructure &
Projects team advised
on 40 of those deals
HM Infrastructure &
Projects team advised
on 4 of those deals
11
73%
77%
13
Revenue funded (NPD &
hub DBFM) projects reached
financial close in Scotland in
the period from 01.12.2010
to 31.03.2014
Sectors covered
by Scottish
PFI, PPP, NPD
and hub DBFM
projects
HM Infrastructure
& Projects team
members advised
on deals within 8
of those sectors
NPD deals reached
financial close in
Scotland in the period
to 27.02.2015
HM Infrastructure &
Projects team advised
on 8 of those deals
HM Infrastructure &
Projects team advised
on 10 of those deals
4. Driven by partnership
info@harpermacleod.co.uk @HarperMacleodharpermacleod.co.uk
Harper Macleod is a leading independent Scottish law firm
that is driven to deliver.
Our growth and success is determined by your success, which is why we
always try harder.We don’t just see ourselves as lawyers, we see ourselves
as problem solvers and business advisers, who focus on understanding
your needs.We work side by side with you, using law as a tool to provide
innovative solutions that are tailored to organisations and individuals.
It’s this drive that sets us apart and delivers a better outcome
for you or your organisation.
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