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Irma Foley

Of Counsel

Washington, D.C.

Irma focuses on infrastructure and energy transactions, particularly in the development and operation of large infrastructure projects using public-private partnerships (PPPs).  

Her practice includes the development, operation and acquisition and sale of energy projects. She is particularly experienced in drafting and negotiating project agreements and all aspects of the related documentation, including design-build/engineering, procurement and construction contracts; operations & maintenance contracts; interface agreements; PPP/concession agreements; asset and share purchase agreements and supply agreements. Her clients include sponsors, private and public owners, developers, lenders and contractors.  

  • Infrastructure (PPPs):

    • I-75 Modernization Project (Segment 3): represented a design-build joint venture in its bid to design and build the I-75 Modernization (Segment 3) P3 Project in Michigan.
    • LAX ConRAC: represented a design-build joint venture in its bid to design and build the ConRAC project at LAX.
    • LAX Automated People Mover Project: advised a consortium in its bid to design, build, finance, operate and maintain the automated people mover at LAX; advised design-build joint venture in connection with the supply contract for LAX APM project.
    • LaGuardia Airport Delta Terminals Redevelopment: advised the Port Authority of New York & New Jersey in connection with the redevelopment of Delta terminals at LaGuardia Airport.
    • The Ohio State University Utility System: represented a consortium in its bid to finance, operate and maintain The Ohio State University's utility system.
    • LaGuardia Airport Terminal B Redevelopment: represented the Port Authority of New York & New Jersey in connection with the privatization of the Central Terminal Building (Terminal B) and related facilities at LaGuardia Airport (Project Finance International's 2016 Americas Transportation Deal of the Year; IJ Global's 2016 North American Airport Deal of the Year).
    • Purple Line: represented a consortium in connection with its bid and selection to design, build, finance, operate and maintain the light rail project in Maryland (P3 Awards' 2016 Best Transport and Aviation Project; IJ Global's 2016 North America Rail Deal of the Year).
    • Indiana Toll Road Acquisition: represented IFM Investors Pty Ltd in its acquisition of the concessionaire operating and maintaining the Indiana Toll Road (Project Finance International's 2015 Americas Transport Deal of the Year; The M&A Advisor's 2015 Distressed Deal of the Year (Over $1B)/M&A Deal of the Year (Over $5B)).    
    • I-4 Ultimate Project: represented a consortium in connection with its bid to design, construct, finance, operate and maintain the managed lanes project in Florida.
    • Goethals Bridge Replacement Project: represented underwriters for the sponsors in connection with its bid to design, build, finance and maintain the Goethals Bridge between New York and New Jersey.
    • I-95 HOV/HOT Lanes: served as project counsel to the sponsors for the design, construction, finance, operation and maintenance of a greenfield express lanes project in Virginia.
    • Downtown/Midtown Tunnel/MLK Freeway Extension: served as project counsel to the sponsors for the design, construction, finance, operation and maintenance of the toll project in Virginia (Project Finance’s North America Toll Road Deal of the Year 2012).
    • Presidio Parkway: represented lenders in connection with the construction, operation, maintenance and bank financing of the new parkway in San Francisco (Project Finance’s North America PPP Deal of the Year 2012; San Francisco Business Times Infrastructure/PPP Deal of the Year).
    • Denver FasTracks: represented sponsors in connection with the design, construction, financing, operation and maintenance of the Eagle P3 commuter rail network in the Denver, Colorado metropolitan area (Project Finance's Americas Transport Deal of the Year 2010).
    • Capital Beltway 495 HOT Lanes: represented the sponsors in connection with the design, construction, operation and maintenance of the express lanes project in Virginia (Project Finance Magazine’s 2008 Americas' Overall Project Finance Deal of the Year; 2008 North American Bond Deal of the Year; Infrastructure Journal’s 2008 Transportation Deal of the Year; The Bond Buyer 2008’s Non-Traditional Deal of the Year).

    Energy:

    • Project Agreements: lead project agreements and related diligence in connection with numerous wind and solar M&A and tax equity transactions; represented numerous developers and owners in connection with their construction, operation and maintenance and project administration activities for renewable and power projects; advised a solar financing fund in connection with a complex customized on-demand performance bond arrangement for a series of residential solar projects; advised a contractor with respect to a solar construction contract with complex DOE loan financing arrangements in connection with the bankruptcy of its main supplier and the related settlement.
    • M&A/Restructuring: represented a renewable energy developer in restructuring its ownership interests in the three wind projects, with the purchase and sale of the interests and the unwinding of the complex leveraged lease structure of the projects that was in place for 20 years.

    General Construction:

    • Owner Representations: chemical plant; hotel; casino; transmission line; port terminal; storage facilities; operations center.
    • Contractor Representations: gas-fired electricity generating facility; solar thermal project.