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Economic Incentive Package Evaluation & Negotiation

Economic Incentive Negotiation Counsel for Expanding and Relocating Companies

When a company announces a new facility, expansion, or relocation, states and localities compete for the project — and the incentive packages they offer can materially change its economics. But headline numbers rarely tell the full story: each credit, abatement, grant, or training fund carries eligibility conditions and clawback exposure that deserve hard scrutiny. Kaufman & Hilbert PC evaluates and negotiates economic incentive packages with a team that includes former public-sector and policy professionals who understand how governments actually structure these deals. Based in Alpharetta, Georgia, and serving clients nationwide and internationally, the firm brings senior-led counsel to every negotiation.

How Kaufman & Hilbert Can Help

Incentive negotiations sit at the intersection of law, public policy, and project economics. We translate an offer into its real, risk-adjusted value and negotiate terms your company can live with. Our services include:

  • Evaluating tax credits, abatements, grants, infrastructure support, and workforce training funds
  • Comparing competing packages across jurisdictions on a consistent, risk-adjusted basis
  • Negotiating incentive agreements with governments and development authorities
  • Advising on clawback provisions, performance conditions, and ongoing compliance
  • Supporting renegotiation or modification when project plans change

Our Economic Incentive Services

Incentive Package Evaluation

An incentive package is only as valuable as its conditions. We analyze each component — what triggers eligibility, when value is realized, what happens if hiring or investment targets slip — and present a clear-eyed view of risk-adjusted worth. When companies weigh competing offers, we normalize the comparison so decision-makers evaluate like against like.

Negotiation with Governments and Development Authorities

Negotiating with a public body differs from negotiating with a private counterparty: approval processes, public-meeting requirements, and political considerations shape what is achievable, and when. Because our team includes former public-sector and policy professionals, we understand the constraints on the other side of the table — and how to structure requests public officials can approve. That perspective produces better terms and fewer surprises.

Clawback and Performance Compliance

Most incentive agreements condition benefits on performance: jobs created, capital invested, payroll maintained. We negotiate realistic targets, cure periods, and proportional rather than all-or-nothing clawbacks — then help clients build reporting practices so earned benefits stay earned when conditions shift.

Who We Serve

Kaufman & Hilbert advises companies and organizations evaluating incentive offers for new facilities, expansions, relocations, and consolidations — from emerging companies making a first major location commitment to established enterprises managing multi-site portfolios. We also counsel clients with existing agreements facing compliance questions, changed plans, or renegotiation needs.
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Why Kaufman & Hilbert

Senior-Led Representation. Experienced attorneys — including former public-sector and policy professionals — handle your matter directly, not a chain of associates.

Full-Service Strategy. Incentives connect to real estate, corporate structure, and employment planning — coordinated within one firm.

Nationwide & International Reach. We negotiate with state and local authorities across the country and support cross-border projects.

Responsive, Practical Counsel. Straight answers on what an offer is really worth and what terms are genuinely achievable.

Our Approach

01

Listen & Assess

We learn the project — investment, jobs, timeline, location candidates — and review any offers already on the table.

02

Strategy

We build a negotiation plan: which components to prioritize, what each jurisdiction's package is really worth, and where terms can improve.

03

Execution

We negotiate directly with governments and development authorities, draft and revise incentive agreements, and align performance conditions with what your business can deliver.

04

Closing & Ongoing Counsel

After signing, we support compliance, reporting, and — when plans change — renegotiation, so the value you negotiated is the value you keep.

Frequently Asked Questions

Programs vary by state and locality, but commonly include tax credits, property tax abatements, cash grants, infrastructure support, and workforce training funds. The mix depends on project size, industry, and location.
Before signaling a location decision. Leverage is greatest while jurisdictions are still competing for the project; once a company commits publicly, the room to negotiate narrows considerably.
A contractual right allowing a government to recover incentive benefits if the company misses agreed performance targets. Negotiating realistic targets, cure periods, and proportional remedies is a core part of our work.
Often, yes. Governments generally prefer a renegotiated agreement to a failed project. Early, well-prepared engagement with the granting authority beats waiting for a compliance issue to surface.

Schedule a Consultation

Before you accept — or walk away from — an incentive offer, get a senior-led assessment of its real worth. Kaufman & Hilbert PC helps companies evaluate, negotiate, and maintain incentive packages. Call +1-770-299-0792 or email [email protected](General Inquiries), [email protected](New Client Consultation) to schedule a consultation.

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