More on the Durham Region courthouse project. In this post, I'm considering something else I've noticed. The private partnership building this courthouse in Oshawa for the Ontario government has kicked in just over 6% of the cost of the project. As it happens, this is a extremely low contribution, and a study I've found states the obvious.
When you don't have much at stake, you have little reason to work too hard to be successful. Even less reason when your partner is likely to go to extraordinary lengths to make sure the project succeeds for political reasons.
In other words, did Dalton McGuinty's government make the mistake of letting the private partners sign on with virtually no skin in the game? Is that is what happening in Sarnia, where another P3 project for the construction of a hospital has been revealed to have more than doubled in cost.
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Follow the money! Are these 'investors' buddies of Dulton? Who else would get such a sweetheart deal? As usual, the taxpayer is responsible for everything. "Our government increasing hospitals"? After all, "we are all in this together"--to quote an election statement of the lyin' Liberals. They get a big raise, we pay for it--guess that is togetherness? We build hospitals, their buddies get a big payday--togetherness? Wonder how many brown envelopes got passed?
Posted by: George at October 09, 2007 06:57 AM (A/CpP)
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Well, you have been outed now - we all know about you ($$$$)
“In his new book, Harper's Team: Behind the Scenes in the Conservative Rise to Power, party strategist Tom Flanagan notes the Tories' innovative use of blogs in the 2006 election campaign.
He cites in particular two members of the Blogging Tories, Steve Jank and Stephen Taylor, who write highly partisan blogs on federal politics.
(how do you sleep at night?)
Mr. Flanagan writes that campaign manager Doug Finley "appointed people to monitor the blogosphere and to get out stories that were not quite ready for the mainstream media."
These bloggers "amplify and diversify our message," he wrote.”
Posted by: Sam at October 09, 2007 09:43 AM (SRpsb)
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Great investigative reporting, Steve. Where is the traditional media on this? No wonder National Post and The Globe are losing readers.
Their reporters are too lazy to dig for stories like you do. Even their blogs are pathetic.
I seem to recall in a previous posting that you outed Fengate Capital Management, a small Hamilton operation and Liberal contributor and LIUNA, another Liberal contributor, and local Ontario labour union, with ties to a questionable US parent, as key beneficiaries of these P3 Projects. You mentioned that this Liberal-connected group was part of a consortium ( sometimes including Ellis Don of Sarnia Hospital fame) which won 5 out of about 14 P3 projects. Something is rotten in the state of Denmark. How about Fengate-gate?
The RCMP and Provincial Auditor should be investigating these scandals and putting a stop to these crooked P3 deals before the taxpayers are further hosed.
These Liberal P3 deals will make Adscam seem marginal.
Steve, what we need is a contest to name this new scandal.
I am sure you have a lot of creative readers out there.
How about:
Fengate-gate
P3 Payoffs
P3 Ponzi
Do You Want to Steal a Billionaire Dollars? (or $990 million US)
The Rise of Dalton Soprano, the Ontario Family
P3 Hospitals Destroy Ontario's Financial Health
P3 Robberies and the Dalton Gang
The Don (Ellis Don) and the Dalton Gang- United at Last
Keep up the great work.
Sick and Tired in the GTA
Posted by: Sick and Tired in the GTA at October 09, 2007 10:48 AM (7W4is)
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Well, you have been outed now - we all know about you ($$$$)
(how do you sleep at night?)
I sleep just fine. That
despite the fact that I don't get a dime from anyone to blog (except what I earn through advertising, mostly Google Adsense) because goodness knows I could use the money. But no one has ever offered me money to blog about this story or that. Still, I keep plugging away.
Posted by: Steve Janke at October 09, 2007 11:58 AM (R9sQf)
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Sam--unlike you Liberals, some people in this country do not need brown envelopes to inform the citizens. I am not a member of the CPC, but even I can see the criminality of Liberal moves, both federally and provincially. Remember the "no development on Oak Ridges Morraine" promise made by McLiar? Well there is now development, but only by a close buddy of McLiar. You don't have to belong to any political party to smell the rot in this province.
Posted by: George at October 09, 2007 12:06 PM (A/CpP)
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Steve, I think you are correct in your comments about the thin capitalization, but the debt rate is not unreasonable. I meant to comment on your prior post, comparing the ~5% rate on the project bonds to OSB rates of 3.7-4.25%: note that the bonds have a ~32 year term, while the OSBs quoted have a term of 3-4 years. By comparison, the Bank of Canada quotes 2-and 3-year rates of 4.25% and 4.0% on Government of Canada instruments, but the long bond maturing June 1, 2033 yields 5.75%. By that standard, the financing rate is attractive, since the Province (by definition) cannot borrow at a better rate than the GoC.
On the other hand, when I was involved in financing a tolling power plant (which is probably a slightly higher risk than a courthouse, but is still a pretty reliable investment) we found that the lowest-equity capital structure generally acceptable to the market was on our balance sheet (AA-) to commercial operation, and then 25-30% equity thereafter. Access Justice is obviously nowhere
near that level of equity thickness.
Posted by: Deaner at October 09, 2007 12:18 PM (NlY1X)
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Thanks Deaner. I'm not an economist, and what you're saying sounds right. But is the bottom line cost the same? As I recall, OSBs and other government bonds pay 3% for the first few years, than a higher return the longer you hold them, going up to some limit. These AJD bond is paying 5.015% across the entire 30 year lifetime of the bond. I have to think this is more expensive. Maybe I can crunch some numbers later (once I figure out what formulas to use).
Posted by: Steve Janke at October 09, 2007 01:42 PM (R9sQf)
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Steve - I didn't bother to calculate the effective yield (or cost, depending on whether you are the issuer or the buyer) on the OSBs, since (at least the current issue you cited) is pretty short-term - three years, I think. The problem is refinancing risk in three years if you are the P3 builder (or a government) that tries to finance long-term assets with short-term paper. It would
probably be cheapest to rely on floating rates over the whole term - but if you can't stand an interest rate spike when you are back in the market that becomes pretty unattractive - think of the home mortgage market, where people are routinely willing to trade (slightly) higher rates for longer term rate certainty.
Even if the OSBs had a long tenor, over the term of the P3 financing or the long Canada (32 years and 25 years, respectively) a low rate for a couple of early years won't affect the overall rate
too dramatically (although now I am itching to build a spreadsheet...). The important point is that the anticipated P3 funding is roughy competitive with (actually, slightly better than) GoC rates over a similar term, which means that there is no "built-in" high cost funding. If there was more equity in the capital structure their borrowing rate might go down (lenders like an equity cushion, too), but the overall cost of capital would probably go up, since equity is expensive.
Posted by: Deaner at October 10, 2007 11:44 AM (NlY1X)
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Deaner:
You make some valid points about the financing. The issue that you have not addressed and Steve has not addressed is that the bondholders who bought this bond, bought this bond as if this was secure and safe like highly-rated government paper. Recall the bond is being issued by a special purpose company, set up for this purpose, with relatively no equity and just an interest in the contract between the government and the project when the project is completed and operating.
In the bond financing is an interest reserve to take into account the interest on the bond until the project is completed.
What happens when this project goes wildly out of control and over budget, as will inevitably happen? There is not sufficient funds in reserve to pay the interest on the bond financing. The issuer Access
Durham does not have any funds to pay the interest and Babcock Brown the financial sponsor is long gone and will not pay another cent. Secondly, there are not sufficient funds to complete the project. This bond could go in arrears, and the bondholders will have the right to seize the assets which may include the project'a assets.
The scandal here is that this bond is being over rated like the poorly rated non bank ABCP paper that is being held by investors like the OFA and the Caisse and all kinds of other so-called smart investors. If the project gets into trouble, and the Ontario govt has to put up additional millions of dollars, the govt should then cancel existing agreements, and then take over the project. In doing so, the expectation that the Ministry of AG will provide funds to Access Durham who will then pay the bondholders may be out the window and the bondholders may not receive their payments.
My point is that the rating agency did not properly take into account the risks inherent in this deal and the fact that this is not a government project so the bondholders do not have recourse to the Ontario Government.
If I was an investor in this bond, I would get out now. Think sub prime mortgage meltdown. Think ABCP meltdown. Get out now.
Better still, stop these type of poorly structured P3 deals before more taxpayers and bond investors get hurt.
Posted by: Mad in the GTA at October 10, 2007 01:17 PM (7W4is)
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...the bondholders who bought this bond, bought this bond as if this was secure and safe like highly-rated government paper.
My heart bleeds not for institutinoal investors. They are big boys who can read a prospectus on their own, or at least get paid like they can.
Posted by: Deaner at October 10, 2007 01:45 PM (NlY1X)
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Deaner:
I am not upset about or sympathetic to the bondholders. However, if the bondholders bring legal action against the assets of Access Justice Durham, then the Ontario Govt may be drawn into this whether it likes or not and may be the Ont govt may have to settle with the bondholders, which means more good govt expenditures or taxpayer money being thrown out the window at badly structured projects.
That is my point.
Posted by: Mad in the GTA at October 10, 2007 06:16 PM (7W4is)
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then the Ontario Govt may be drawn into this whether it likes or not
Depends on the lease agreement. IF (and that is a big question mark) it is drawn properly, the bondholders will end up underwater if the performance of the asset is bad enough to wipe out the equity holders. The way is
should work is that the bondholders would end up owning the facility, which would still be subject to the existing lease to the Government of Ontario with the same responsibility to maintain and operate it. In that case, the public interest is still protected, and we neither know nor care whether it is the (original) equity holders or the debtholders who own the building.
...and may be the Ont govt may have to settle with the bondholders
But the bondholders will have (or
should have) no claim against the Ontario government - only against the borrower, AJD. I agree that if AJD's equity is wiped out the bondholders may claim againt the Government, and will certainly try to negotiate some kind of deal to provide them with funds and protect their investment: they will have no alternative, and legal costs will be trivial compared to the bath they might be taking. Competent legal advice at the outset of the deal would ensure that they could not be successful, and that they would have no negotiating position (which still does not guarantee that there would be no government bail-out).
Obviously, the wording of the lease, and the terms of any postponement or priority agreement entered into now are critical: if those issues are not addressed it is evidence either of incompetent lawyering (which is unlikely - a deal of this size will get
very senior counsel) or of a political decision that the bonds be a riskless investment to allow the equity holders to get away with such a de minimus equity committment. I suspect that to be the case; charging ~GoC yields for a 15:1 capital structure suggests that the fix is in. If the deal agreements are public (which would surprise me), they will need a great deal of scrutiny - if not, I think the taxpayers of Ontario should be concerned.
Posted by: Deaner at October 11, 2007 11:58 AM (NlY1X)
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Deaner:
I am very impressed. You are a credit to the legal profession.
I think we both agree that for political and public relations purposes the Ontario government cannot allow national, American or foreign bondholders to be taken to the cleaners in these infrastructure financing deals, no matter how good the legal paperwork is. Bad consequences in these bonds have a way of adversely affecting good Ontario government paper. Again the subprime mortgage meltdown seems to be affecting good credit everywhere.
The Durham Courthouse deal is just one of many deals that will blow up in Infrastructure Ontario's face.
You heard it hear first, Deaner.
Posted by: Mad in the GTA at October 11, 2007 08:07 PM (7W4is)
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