Best Project Finance Lawyers in Concord
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Find a Lawyer in Concord1. About Project Finance Law in Concord, United States
Project finance in Concord, New Hampshire, follows the same core principles used across the United States. It centers on funding large infrastructure or energy projects through a dedicated special purpose vehicle (SPV) and non-recourse or limited-recourse debt secured by project assets and cash flows. Legal work typically focuses on structuring the SPV, drafting and negotiating project documents, and addressing regulatory and tax considerations. In Concord, practitioners must also navigate state and municipal rules that affect permitting, interconnection, and local contracts.
Common project structures involve off-take agreements, construction contracts, and long-term service or operation and maintenance (O&M) arrangements. Lawyers in Concord coordinate with lenders, sponsors, equipment suppliers, and offtakers to allocate risk and set clear remedies for delays or cost overruns. The result is a financing package that mirrors the project’s economics while satisfying lenders’ due diligence and regulatory requirements.
Given Concord’s role as the state capital, projects in the area often intersect with state agencies and the New Hampshire Public Utilities Commission. Counsel must anticipate regulatory approvals, interconnection procedures, and potential rate mechanisms that influence project viability and project-level cash flows. This alignment helps ensure a timely closing and stable long-term financing.
Key takeaway: Project finance in Concord emphasizes risk allocation, regulatory compliance, and clear contractual frameworks to support large-scale investments with project-specific guarantees and non-recourse debt.
“Project finance deals rely on the viability of the project and its cash flow, not the balance sheet of the sponsors.”Source: U.S. Securities and Exchange Commission overview of project finance concepts. SEC
“Federal energy policy and tax incentives influence the economics of renewable energy projects financed through SPVs.”Source: U.S. Department of Energy and Internal Revenue Service summaries. DOE, IRS
2. Why You May Need a Lawyer
Below are concrete, real-world scenarios in Concord where project finance counsel is essential. Each reflects typical issues that arise when funding infrastructure or energy projects in this jurisdiction.
- Solar or wind project in Concord requiring a long-term PPA. You need a lawyer to negotiate a power purchase agreement with a larger utility or offtaker and to align it with debt service coverage ratios, tax equity, and the SPV structure. The attorney coordinates gap financing, guarantees, and intercreditor terms with lenders.
- Creating an SPV and securing non-recourse debt. You must form an SPV, align corporate governance, and draft intercreditor and loan agreements with multiple lenders. A Concord-licensed solicitor can ensure local filing and compliance with state corporate rules.
- Public-private partnership with a Concord agency. You need to navigate state and local procurement rules, bid processes, and contract risk allocation. A local attorney can advise on compliance, disclosure, and closing requirements.
- Cross-border financing for a regional infrastructure project. You face currency, tax, and regulatory considerations. A lawyer can structure cross-border tax planning, transfer pricing, and multi-jurisdiction contracts that satisfy lenders’ requirements.
- Tax incentives and credits for energy investments. You must qualify for ITC or other credits and ensure project-level eligibility, documentation, and audit readiness. A lawyer can coordinate with tax advisors and ensure compliance with IRS rules.
- Permitting, interconnection, and regulatory approvals. From zoning to building permits and interconnection agreements, a Concord attorney helps secure timely approvals and addresses conditions precedent to closing.
3. Local Laws Overview
Concord projects operate under a mix of federal rules, state statutes, and city regulations. Here are 2-3 key areas with names and how they matter in practice. If you pursue a project in Concord, consult a local attorney early to confirm current requirements.
Federal securities and financial regulation
The Securities Act of 1933 governs the offer and sale of securities, including project finance investments offered to investors. It requires registration or an exemption for offerings that are publicly available. This affects how you raise capital for a project in Concord.
“The Securities Act of 1933 requires registration of securities offerings or exemptions from registration.”
Source: SEC
Energy policy and project economics
Public Utilities Regulatory Policies Act (PURPA) supports energy efficiency and independent power production, influencing project economics and interconnection decisions for generation facilities. FERC oversees related regulatory framework in the United States.
PURPA shapes how qualifying facilities sell power and how utilities interconnect new projects.
Tax incentives for energy projects
The Inflation Reduction Act of 2022 expanded investment tax credits (ITC) and related incentives for solar, storage, and other clean-energy technologies. These credits affect project economics and tax equity planning in Concord.
State and local utilities regulation
New Hampshire Public Utilities Commission (NHPUC) oversees regulated utilities and related matters, including interconnection and rate design that can impact project cash flows and approval timelines. Concord developers often interact with NHPUC for project authorization and compliance.
Source: NHPUC
Local governance and city planning
Concord city planning, zoning, and building codes affect siting, permitting, and timelines for project development. City Code and Planning & Zoning rules establish requirements for land use, setbacks, environmental review, and construction standards.
Source: City of Concord official site: concordnh.gov
4. Frequently Asked Questions
What is project finance in simple terms?
Project finance funds a project based on its cash flows rather than the general finances of the sponsors. An SPV holds assets and debt is secured against project-specific assets.
What is a PPA and why is it important for Concord projects?
A PPA is a long-term agreement with an offtaker to buy power. It provides revenue certainty needed to secure project debt and tax equity.
How long does a typical Concord project finance deal take to close?
Closure usually spans 6 to 12 months, depending on permitting, interconnection, and lender due diligence. Complex cross-border deals can take longer.
Do I need to form an SPV for my project?
Most projects benefit from an SPV to isolate project risk and secure debt. A Concord attorney can tailor the SPV to your ownership and tax structure.
Should I hire a local Concord lawyer or a national firm?
A local Concord lawyer understands city codes, timing, and permitting. A national firm may offer broader financing and regulatory experience for complex deals.
Is interconnection planning handled by the utility or the regulator?
Interconnection is typically addressed through utility filings and regulator processes. In New Hampshire, the NHPUC oversees related rules and approvals.
Can I use tax credits to fund my project in Concord?
Yes, ITC and other credits may lower project costs. You must meet eligibility criteria and file the appropriate tax forms with the IRS.
How much debt can a typical Concord project support?
Debt levels depend on project cash flow, off-take terms, and regulatory risk. Lenders run detailed cash-flow models and stress tests to determine capacity.
What are completion guarantees and why do lenders require them?
A completion guarantee ensures the project reaches substantial completion. Lenders require them to protect against construction risk and cost overruns.
What is an intercreditor agreement and who signs it?
An intercreditor agreement coordinates rights between multiple lenders and the project sponsor. It allocates priority, remedies, and post-default procedures.
How long does it take to obtain Concord zoning approvals for a project?
Permit timelines vary by project type. Typical zoning approvals can take 3 to 6 months, with additional time for environmental or site plan reviews.
Do I need to disclose all project risks to lenders?
Yes. Lenders require a full risk matrix, including construction, performance, regulatory, and market risks, plus mitigation plans.
5. Additional Resources
Useful official sources for project finance in Concord, New Hampshire include:
- U.S. Securities and Exchange Commission (SEC) - Securities regulation guidance for offerings and exemptions in project finance. SEC
- Internal Revenue Service (IRS) - Guidance on tax incentives for energy projects, including ITC and other credits. IRS
- New Hampshire Public Utilities Commission (NHPUC) - Regulation of utilities, interconnection standards, and rate design affecting project finance in NH. NHPUC
6. Next Steps
- Clarify your project scope and location. Define project type, capacity, and target Concord site. Complete a high-level financial model. Time estimate: 1-2 weeks.
- Identify a qualified Concord project finance attorney. Request referrals from local business groups and lenders. Time estimate: 1 week.
- Prepare a preliminary term sheet and document checklist. Include SPV structure, ownership, financing needs, and key milestones. Time estimate: 1-2 weeks.
- Conduct regulatory due diligence with Concord-specific inputs. Review zoning, building codes, interconnection, and permitting requirements. Time estimate: 2-4 weeks.
- Draft and negotiate core documents. Term sheet, loan agreements, PPA or offtake contracts, EPC/O&M agreements, and intercreditor agreements. Time estimate: 4-8 weeks.
- Coordinate with tax advisors on ITC and other credits. Ensure eligibility, timing, and documentation for tax filings. Time estimate: 2-6 weeks.
- Finalize closing package and obtain regulatory approvals. Prepare closing deliverables and secure necessary permits and interconnections. Time estimate: 2-6 weeks.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.