Project Development
Matheson has one of the largest and most experienced Project Development practices in Ireland, spanning infrastructure projects in transport (roads, bridges, airports, ports and rail), telecoms, social infrastructure, electricity generation, storage, distribution and transmission, fuel transportation, mining, waste, water and large-scale leisure facilities.
Our Project Development team is consistently mandated by domestic and international sponsors, contractors, authorities, lenders and infrastructure funds, as well as the leading project development groups of the largest international law firms, to advise on the most complex and challenging infrastructure projects in the Irish market.
This focused development practice sits within a broader group of over 30 dedicated Energy and Infrastructure lawyers who can draw upon decades of expertise to provide commercially focused legal assistance with:
- Procurement and Bid Structuring
- Permitting and Regulation
- Contract Drafting and Negotiation
- Risk Allocation and Mitigation
- Financing and Lender Engagement
- Planning and Environmental Matters
- Tax Structuring
- Corporate Structuring
- Construction Activities
- Disputes and Claims (Before, During and After Development)
Experience Highlights
Our Project Development specialists have advised on the majority of high-profile privately delivered transport infrastructure in Ireland over the past two decades. The team is well positioned to bring its experience to the new wave of investment in public transport (especially rail), strategic ports, airports and major arterial roads to deliver Ireland’s balanced sustainability and economic objectives. Our colleagues are already advising upon some of the major Project Ireland 2040 transport infrastructure projects which reflect the Irish Government’s new 2:1 spending ratio between public transport and roads infrastructure.
Experience Highlights
- Advising Bremore Ireland Port on the development of a new deepwater multi-model port north of Dublin to serve amongst other things as an offshore wind O&M support facility.
- Advising Real Assets Investment Management on the acquisition and financing of the operational N25 Waterford Bypass PPP demand risk toll road.
- Advising Iridium and its affiliate Dragados on all of their PPP infrastructure developments (both under construction and operational) in Ireland (including the N25 Waterford Bypass PPP, N25 New Ross Bypass PPP, M11 Gorey to Enniscorthy PPP and M7 / M8 PPP) and upcoming National Development Plan projects.
- Advising a multinational fuel company on its stake in a motorway service areas PPP.
- Advising Exolum Aviation on all legal aspects of its services concession to design, build and operate fuel storage and distribution infrastructure at Dublin Airport, from concession negotiation through construction and operations, along with its provision of services at Shannon Airport.
- Advising the largest Chinese rolling stock manufacturer on its bid for the DART Expansion, the most significant single heavy rail rolling stock procurement ever undertaken in Ireland.
- Advising a leading manufacturer of railway rolling stock on its bid for the overhaul and re-power of all Irish Rail Class 201 locomotives.
- Advised Go-Ahead Group plc on its successful tender to operate orbital bus routes in Dublin. This project was the first private sector bus route tender to be brought to market by Ireland’s National Transport Authority.
The private sector plays a vital role in financing, building and operating critical social infrastructure across Ireland, including social housing, nursing homes, primary care centres and education facilities. Our Project Development team has the depth of experience to advise private sector stakeholders on bespoke legal solutions to the key risks that typically arise on social infrastructure developments.
Experience Highlights
- Advising a sponsor on its bid for the Dublin Family Courts Complex PPP.
- Advising Plenary Europe as sponsor on its bid for the Irish Social Housing PPP – Bundle Three.
- Advising JJ Rhatigan & Company on its successful bid (and preferred bidder negotiations) with Macquarie Capital for the Higher Education PPP – Bundle One to design, finance, build, operate and maintain new educational facilities at six higher level education campuses across Ireland.
- Advising a construction joint venture on its bid for the €150 million Community Nursing Units PPP.
- Advised an Asian financial institution on its potential participation in the Social Housing Bundle 2 PPP project, including in relation to complex financial participation matters.
- Advising lenders to the Eriugena consortium on the financing and construction of the DIT Grangegorman East and Central Quads PPP project.
- Advising the FM provider to the successful bidder for the Primary Care Centres PPP, Ireland’s first primary healthcare PPP.
- Advising lenders and sponsors on Schools Bundle PPPs 1, 2, 4 and 5 (including on-going operational advice).
- Advising a lender on the Charlemont Street Housing PPP.
Digital infrastructure and telecommunications remains a resilient and high growth practice area for our Project Development colleagues, who have most recently advised on fibre rollouts, tower portfolio developments and acquisitions, data centres (including data centre power procurement) and wholesale high capacity telecoms operations. See Telecommunications and Data Centres for more details.
Experience Highlights
- Advising Cellnex SA on the sale of its Irish telecoms towers business (with almost 2,000 sites) in a transaction worth just under €1 billion.
- Advising lenders and funds on their financing and acquisition of Irish operational and under construction hyperscale / colo data centres including in relation to development and regulatory matters.
- Advising Asterion on its acquisition of 80% of the National Broadband Plan project, a €3 billion State intervention to deliver high speed broadband (primarily by FTTH) to all underserved homes and business in Ireland, along with on-going advice on the operation and roll-out of the National Broadband Plan.
- Advising lenders on the financing of a number of Irish data centres operated and developed by K2 Data Centres (a Kuok Group Company).
- Advising the John Laing, SSE and e|net consortium (later Granahan McCourt) on all legal aspects of its successful bid for the National Broadband Plan.
- Advising a multinational telecoms tower owner and operator on its bid for an extensive portfolio of eir towers (with associated services agreements).
- Advising a number of the world’s largest technology companies on the development and construction of their Irish data centres.
- Advising a number of investors and lenders in relation to data centre investments.
- Advising e|net on its provision of infrastructure services and access for the National Broadband Plan and its provision of wholesale telecommunications services to its retail service provider customers pursuant to its Metropolitan Area Networks concession with the Irish Government (including advising upon its original successful bid for that concession).
- Advising a North American data centre developer and operator together with its Irish development partner on the permitting, development, potential financing and operation of a speculative data centre complex in Dublin.
- Advised American multinational company Equinix, who specializes in internet connection and related services, on the expansion of its existing portfolio of data centres in Dublin.
- Advised a number of large multinational technology companies and renewable energy developers in relation to the drafting and negotiation of corporate power purchase agreements (including the first to be announced in the Irish market) and on renewable energy procurement strategies, trading structures and agreements.
The Irish PPP market remains particularly active and the Irish authorities strongly support the use of PPP structures for the delivery of critical infrastructure across all sectors, particularly transport and social infrastructure (housing, healthcare and education). Our Project Development team has advised on the vast majority of significant PPP transactions since the model was first used in Ireland almost twenty years ago, allowing them to add significant value for clients by identifying and mitigating key legal risks (as well as suggesting legal mitigations for commercial risks) for these complex long term multi-party projects.
Experience Highlights
- Advising a sponsor on its bid for the Dublin Family Courts Complex PPP.
- Advising Plenary Europe as sponsor on its bid for the Irish Social Housing PPP – Bundle Three.
- Advising JJ Rhatigan on all legal aspects of its successful bid with Macquarie and Sodexo for the Higher Education Bundle 1 PPP.
- Advising Real Assets Investment Management on the acquisition and financing of the operational N25 Waterford Bypass PPP demand risk toll road.
- Advising a construction joint venture on its bid for the €150 million Community Nursing Units PPP.
- Advising Iridium and its affiliate Dragados on all of their PPP infrastructure developments (both under construction and operational) in Ireland (including the N25 Waterford Bypass PPP, N25 New Ross Bypass PPP, M11 Gorey to Enniscorthy PPP and M7 / M8 PPP) and upcoming National Development Plan projects.
- Advised an East Asian financial institution on its potential participation in the Social Housing Bundle 2 PPP project, including in relation to complex financial participation matters.
- Advising a multinational fuel company on its stake in a motorway service areas PPP.
- Advising lenders to the Eriugena consortium on the financing and construction of the DIT Grangegorman East and Central Quads PPP project.
- Advising the sponsor in relation to all aspects of the Greystones Harbour PPP project, including the development of a new harbour and marina coupled with commercial and residential development.
- Advising lenders and sponsors on Schools Bundle PPPs 1, 2, 4 and 5 (including on-going operational advice).
- Advising a lender on the Charlemont Street Housing and Mixed Use Development PPP.
Our Project Development team brings together expertise in construction, procurement, real estate, infrastructure, disputes and finance disciplines to help clients bring all aspects of large-scale mixed use developments to fruition.
Experience Highlights
- Acting for Oxley Holdings Limited in relation to its development of Dublin Landings (capex circa €300 million).
- Acting on behalf of US developer in relation to a residential, retail and hotel / student accommodation development in Dublin (capex of €1 billion).
- Advising Hines on all legal aspects of its development of a new town at Cherrywood in Dublin (to include transport and utility infrastructure, residential, commercial and retail elements) as well as Hines’ other mixed use high density developments in Dublin.
- Advising Ballymore-Oxley on all legal aspects of their development of Dublin Landings and Connolly Quarter (both high density urban core residential, commercial and retail).
- Advising the sponsor in relation to all aspects of the Greystones Harbour PPP project, including the development of a new harbour and marina coupled with commercial and residential development.
- Advising a lender on the Charlemont Street Housing and Mixed Use Development PPP.
Matheson’s Project Development specialists have played a major part in Ireland’s recent surge in projects with climate action and sustainability objectives. The Irish Government’s Climate Action Plan and Project 2040 infrastructure plans prioritise investment and policy support in projects with long term environmental benefits. Our team helps the private sector to play its part. Some selected recent experience highlights are below (see Energy and Infrastructure for more detailed information).
Experience Highlights
- Advising an international energy company on its bid for a majority stake in the Simple Blue floating offshore wind platform, an international multi-GW FOW development pipeline.
- Advising project shareholders, project companies / sponsors and contractors on offshore wind farms in Phase 1, Phase 2 and the 'future framework' of the Irish offshore wind regulatory regime on the regulation, financing and development of their offshore wind farms (including joint venture formation and corporate transactions).
- Advising EirGrid on its partnership arrangements with French transmission system operator RTE for the development and operation of the Celtic Interconnector between Ireland and France.
- Advising Rabobank as lender to Ib Vogt / Highfield on the development and financing of four Irish solar farms (Rathnaskilloge, Gaskinstown, Clonin North and North Arklow) with a combined generating capacity of around 280MW.
- Bord na Móna on the development of various wind farms and energy storage facilities throughout Ireland.
- One of Europe's largest solar park contractors on its EPC and O&M contracts for 400MW+ of Irish solar parks.
- Advising GLIL Infrastructure on its acquisition of the 453MW Rathcool Portfolio of 11 Irish onshore wind farms in the largest ever Irish onshore wind farm acquisition transaction by enterprise value (including detailed project contract due diligence and transaction document mitigations).
- Advising the Department of Environment, Climate and Communications on all aspects of the decommissioning of the Kinsale Head and Seven Heads offshore gas fields.
- Advising Hanwha Energy Corporation and its local Irish partner on the development of a 200MW Battery Energy Storage System project in the mid-west region of Ireland (this is the one of the largest projects of its kind in Europe and is required to facilitate a higher share of renewable electricity generation on Ireland’s grid).
- Advising the Department of Environment, Climate and Communications, on the drafting of the RESS Terms & Conditions (providing a unique legal adviser insight into the fundamental design and operation of RESS, Ireland’s renewable electricity subsidy scheme).
- An investor in relation to a proposed 500MW electricity interconnector between Ireland and Wales.
- Advised Statkraft on its acquisition of a large battery energy storage project.
- Advising ING Bank, Hamburg Commercial Bank, Rabobank, Aviva Investors and other domestic and international lenders / investors on their due diligence and financing of over 1GW of onshore wind farms.
- Advised a number of large multinational technology companies and renewable energy developers in relation to the drafting and negotiation of corporate power purchase agreements (including the first to be announced in the Irish market) and on renewable energy procurement strategies, trading structures and agreements.
"The team’s strengths include flexible billing and partner input that is front and centre, and they are established in local markets with deep relationships."
Projects and PPP: The Legal 500 2024
"Matheson has a rich breadth and depth in their team, each of whom can contribute towards the overall project."
Projects and PPP: The Legal 500 2024
"The Matheson team was able to deliver fast and top-notch work in a challenging deal environment. They worked closely with our teams and provided seamless input as part of the broader legal team covering multiple jurisdictions. The team knows and abides by high international standards of quality and service."
Projects and PPP: The Legal 500 2024
“The team at Matheson moves at a very fast pace to get deals closed.”
Projects: Chambers Europe 2024
"Very good understanding of the business and a robust approach to issues".
Projects Development: IFLR1000 2023
"Engaged in the Irish renewables space with good knowledge of the evolving policy landscape. Responsive and adaptable to changing timelines/client requirements."
Projects Development: IFLR1000 2023
"Clarity, directness and completeness of advice"
Projects Development: IFLR1000 2023
"The subject matter expertise, commercial approach and responsiveness of Garret Farrelly and Conor Blennerhassett make this practice unique and which potential clients would wish to know."
Projects and PPP: The European Legal 500 2023
"The lawyers are very commercial, available and communicative. They really put the client first and are really helpful, and that is in addition to being real subject matter experts."
Projects and PPP: The European Legal 500 2023
"It is a really experienced team that is quick to respond."
Projects: Chambers 2023
"The lawyers are very commercial, available and communicative. They really put the client first and are really helpful, and that is in addition to being real subject matter experts."
Projects: Chambers 2023
"1.Knowledge of the sector. 2. Responsive."
Project Development: IFLR1000 2022
"The team has good knowledge of project finance, lenders and of our business. They applied their experience in this area to ensure an efficient process in repaying the debt, managing documentation while keeping the client in the loop. "
Project Finance: IFLR1000 2022
"Matheson have an incredible range and depth of expertise in their team and they always provide comprehensive, coherent and considered legal advice and have never been afraid to provide commercial and practical guidance whenever requested. We continue to view Matheson as a trusted adviser on all legal and business matters. Some of their key strengths are the quality of their advice and their in-depth knowledge of our business and the issues they know are important to us"
Projects and PPP: The European Legal 500 2022
Matheson has "consistent good quality and delivery on time" and a "closeness to the client and understanding of commercial needs."
Projects: Chambers 2022
“Attention to detail and constantly strive / provide advice and guidance in an effort to get the best position possible for our company. Good approach and develop working relationships with our Client and their legal representatives.”
IFLR1000 2021
“Matheson was very thorough and knowledgeable about the leasing market in Ireland.”
IFLR1000 2021
“Availability, understanding of Sponsors concerns, good quality work.”
IFLR1000 2021
"Professional, reliable, knowledgeable and forward looking".
IFLR1000 2020
"Matheson's work has been really excellent - they are professional, very responsive and provide very high quality service".
IFLR1000 2020
"The firms greatest strength is their thoroughness and the quality of their work product combined with their responsive and strong client relationships."
IFLR1000 2020
“I have worked closely with both the construction and real estate teams over the last year and have always been impressed with the professional approach taken, the attention to detail and the speed at which documents are turned around.”
Projects and PPP: European Legal 500 2020
Matheson's performance has been "exceptional".
Projects: Chambers 2019
Matheson has a "level of professionalism gives us confidence".
Projects: Chambers 2019
"Matheson is highly professional and provides local expertise in distinct areas of law pertaining to the rail industry."
IFLR1000 2019
"The firms greatest strength is their thoroughness and the quality of their work product combined with their responsive and strong client relationships."
IFLR1000 2019