Ross McKinnon

Counsel

New York

Ross is Counsel in the Energy and Infrastructure Group, focusing on the delivery of major infrastructure projects through alternative delivery models (including public-private-partnerships (P3), design-build (DB), and progressive models).

Ross has been advising governments, sponsors and lenders on P3s and alternative delivery models for over 20 years in the USA, Australia, and the UK. He has been lead counsel on numerous first-of-their kind P3s in each of these jurisdictions and advised on a wide variety of infrastructure assets including, airports, rail and rolling stock, roads, flood control, hospitals, schools, housing, and waste management. He brings the breadth of his US and international experience, a deep understanding of these types of transactions and the needs of each stakeholder group, as well as an ability to think creatively and bring innovation, to work with his clients for the successful structuring, procurement, and delivery of projects so that his clients may achieve their goals.

Key highlights of Ross' experience include advising:

  • Metro Flood Diversion Authority on the  procurement and close of the Fargo-Moorhead Metropolitan Area Flood Diversion Project in the US; the first flood diversion project in North America to be delivered using a P3, the first P3 for the US Army Corp of Engineers, and the first P3 for the Authority and other governmental stakeholders.
  • Port Authority of New York & New Jersey on the procurement and close of redevelopment of Terminal A at Newark Liberty International Airport in the US, involving the first time the Port Authority delivered a major asset through a design-build delivery model.
  • Sponsors on their successful bid and closing for the North West Rail Link in Australia; the first line to be delivered for the new rapid transit Sydney Metro.
  • Cornwall County Council on an integrated waste management project in the UK (including delivery of an EfW plant and a network of recycling and other waste management assets); which was a designated "path-finder" project for the waste sector under the PFI.
  • Before joining Orrick, Ross worked for 15 years at another leading international law firm (first in Australia before moving to its New York office in 2015), focusing on P3s and other alternative delivery models. From 2003 to 2006, Ross worked at a leading international law firm in London focusing on delivering infrastructure through the UK's PFI program.

  • US experience includes advising:

    • The City of New York Department of Design & Construction on its US$8.8 billion Design-Build Borough-Based Jail Program.
    • Metro Flood Diversion Authority on the US$2 billion Fargo-Moorhead Metropolitan Area Flood Diversion Project.
    • Maryland Department of Transportation on the I-495/I-270 express lanes project in Maryland.
    • Port Authority of New York & New Jersey on its US$1.5 billion redevelopment design-build contract and operations, maintenance and concessions management contract for Newark Liberty International Airport’s Terminal A.
    • Georgia Department of Transportation on a broadband P3 project and on its major mobility investment program.
    • Sponsors on a bid for the US$2.4 billion Purple Line Light Rail P3 Project in Maryland.
    • Sponsors on a bid for the US$1.2 billion campus expansion project at the University of California, Merced.
    • Sponsors on a bid for the US$3 billion Transform-66 Managed Lanes P3 Project.

    Australian experience includes advising:

    • Sponsors on the North West Rail Link in Sydney.
    • Monoline Insurers on restructuring the Rolling Stock P3 for 78 Waratah train sets in Sydney.
    • Equity holders on restructuring the Lane Cove Tunnel and Cross City Tunnel P3 projects in Sydney.
    • NSW Department of Housing on a social housing P3 in Sydney.
    • Sponsors on a bid for the Gold Coast Light Rail project.

    UK experience includes advising:

    • Cornwall County Council on an integrated waste management P3 in Cornwall.
    • Partnerships UK on application of PFI standardization principles to the waste sector.
    • Sponsors on a smart metering replacement project (financed on limited recourse basis) across the UK.
    • Lenders supporting a bid for a waste management P3 in Lancashire.
    • Sponsors for a hospital P3 in Manchester.