Getting it Right:
How to Structure Complex Projects to Allocate Risks and Minimize Disputes
October 11-12, 2001 Denver, CO

Plenary Session I - The Lay of the Land, or, Four Times Round the Mulberry Bush

The stage is set with a review of the standard stages of the development of a complex project; with special attention on the heavy demand of limited-recourse financed projects; from pre-finance design and estimating through selection of financing sources and negotiation with the various parties. The key players are highlighted and their contractual relationships mapped.

Plenary Session II - Risk Allocation in the Developer's Ideal World, or, Building the Project on Paper

The Developer and its advisors identify the project risks (both for typical projects and those that are unique to limited-recourse financed projects) and plan to allocate them among the various project players. Learn about development of the risk matrix, financial modelling, and the pro-forma estimate of revenues.

Plenary Session III - Risk Allocation Meets Reality, or, A New Cold War?

The Developer has allocated the risks. Will the other players bite? Will the Lender reallocate it all anyway? Can the project be built? Learn about the issues that motivate developers, design-builders and lenders.

Plenary Session IV - Assembling and Drafting the Contract Documents, or, Horton Hears a Lawyer

The project has been conceived and found to be feasible. Now the legal team gives it the form and substance required for a financial closing. We review documenting the agreed allocation of risk with each player struggling with the tensions in a risk reward gamble. We consider the all important consortium documents and the concession agreement. In this brave new world where resort to standard form documents is not a viable option, our panelists discuss key contract provisions commonly encountered.

Plenary Session V - Assembling and Drafting the Contract Documents (Part 2), or, Sprint to the Finish Line

The two major externalities for project development are the necessary permits, and the Lenders' final requirements. And when these conflict, the lawyers must find the solutions. Our experienced panelists offer insights about how, acting as deal makers and not deal breakers, they fashion creative solutions to make the project happen. We consider the final flurry of activity to closing the financing and getting the construction started.

Plenary Session VI - Project Performance and Acceptance, or, How do I know When I'm Done?

We review the unique project close-out issues of complex projects including training, the start-up process and costs, performance testing, transfer of care, custody and control, release of retainage, punchlist and cleanup, lien releases and final completion, and the arrival of "takeout financing".

Plenary Session VII - Project Workouts, or, "I pushed the 'Go' Button and Silence"

Notwithstanding the best-laid plans, many complex projects experience significant issues that require readjustments midstream. The Denver International Airport was no exception, when a vital system, the Baggage Handling System, failed to operate as planned. The panelists review the difficulties on this project, the creative dispute resolution process developed for the project, and the workout strategies employed.