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Public-Private Partnerships, known as PPPs, are cooperative arrangements between government entities and private sector companies to finance, build, and operate projects or services traditionally provided by the public sector. In New Hampshire, PPPs have gained increasing interest as a way to deliver infrastructure projects such as highways, public buildings, energy systems, and technology infrastructure. PPPs allow the state to leverage private investment and expertise while ensuring that public interests are protected and promoted.
Engaging in a Public-Private Partnership is a complex process. A lawyer experienced in PPPs can provide invaluable support in several situations, including:
- Negotiating and drafting PPP agreements involving multiple stakeholders. - Reviewing compliance with state, federal, and local laws during the planning, construction, and operation stages. - Advising on risk allocation, financial models, and dispute resolution mechanisms. - Advising municipal governments interested in pursuing or regulating PPP projects. - Addressing issues related to procurement, liability, intellectual property, labor, or environmental regulations. - Representing parties in disputes, audits, or investigations concerning existing PPP contracts. - Ensuring transparency and adherence to ethical requirements.
New Hampshire does not have a comprehensive standalone PPP legislation, yet there are several relevant statutes and regulations at both the state and municipal levels that affect PPPs:
- The state’s Department of Transportation regularly engages in PPPs for infrastructure and transportation projects, guided by state procurement and project delivery laws. - Municipalities have the authority to enter into long-term contracts and lease arrangements with private entities under RSA 33-B and other local ordinances. - Public bidding requirements are governed by statutes such as RSA 21-I (Department of Administrative Services), ensuring fair and open competition for public contracts. - Environmental compliance, land use, and zoning are regulated locally and can impact PPP project feasibility. - Certain sectors, such as energy or technology, may be subject to additional oversight by respective state agencies or utility commissions. - Freedom of Information and open meeting laws promote transparency in decision-making related to PPP projects. Understanding and navigating these requirements is essential for the successful planning and execution of a PPP in New Hampshire.
A PPP is a collaborative agreement where a government agency partners with a private entity to deliver a public project or service, sharing risks, resources, and benefits.
PPPs can be used for transportation infrastructure, energy projects, public buildings, water systems, broadband networks, and other initiatives that serve the public interest.
PPP structures can include design-build, design-build-finance-operate, lease agreements, or concession models. The structure depends on the project’s needs and the parties’ objectives.
Depending on the project, approval may be required from state agencies (such as the Department of Transportation), local municipalities, and sometimes legislative bodies or special boards.
Most PPPs must comply with public procurement laws requiring open bidding, evaluation of proposals, and public notice. Some projects may qualify for alternative project delivery or streamlined procurement processes.
Yes, through processes such as unsolicited proposals. However, these proposals are subject to state or local review, competition requirements, and public interest safeguards.
Risks include construction delays, cost overruns, changes in regulations, revenue unpredictability, and potential disputes between partners. Clear contracts and legal guidance help manage these risks.
Dispute resolution methods vary and may include negotiation, mediation, arbitration, or litigation, depending on the terms agreed upon in the PPP contract.
Yes, state open meeting and public records laws typically apply. Parties must ensure that relevant contract terms and project progress are accessible to the public.
Seek a lawyer with experience in public contracts, administrative law, construction, finance, and the relevant regulatory landscape. Strong negotiation and drafting skills are essential.
The following organizations and agencies provide support, guidance, or oversight for PPPs in New Hampshire:
- New Hampshire Department of Transportation (for infrastructure PPPs) - New Hampshire Department of Administrative Services - New Hampshire Municipal Association (advice and model documents for local governments) - Office of the Attorney General, State of New Hampshire - U.S. Department of Transportation’s Build America Bureau (for federal programs impacting the state) - Local Economic Development Councils and Chambers of Commerce
Consulting these resources can help clarify project requirements or provide contact information for subject matter experts.
If you are considering a Public-Private Partnership in New Hampshire or need legal guidance:
- Identify the specific nature and scope of your proposed PPP project. - Gather relevant project and background documents, including any correspondence with public officials or agencies. - Schedule a consultation with a New Hampshire attorney experienced in PPPs or government contracts. - Prepare your questions regarding contract structure, risk allocation, compliance obligations, and dispute resolution. - Work with your legal advisor to develop a project timeline and a due diligence checklist. - Ensure ongoing communication between public and private stakeholders as the project progresses.
Engaging qualified legal counsel early in the process can help promote transparency, protect your interests, and increase the likelihood of project success.
