Since Congress failed to pass multi-year surface transportation legislation before the previous provisions came to an end, questions over what the future of the sector will look like have been building.

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Perhaps the biggest problem for the future of P3s at present is the uncertainty that the failure to pass a reauthorization bill creates within the industry.

“The biggest challenge to infrastructure development is uncertainty,” says Patrick Harder, partner at law firm Blank Rome.

“That uncertainty can manifest as uncertainty around public funding and availability of public financing tools, uncertainty as to the availability of adequate skilled trade labor for large infrastructure projects, uncertainty as to construction pricing when the pricing of materials and equipment (not to mention fuel) remains volatile, and uncertainty around politics, including the effect this uncertainty has on project planning, project approvals and the appetite of private investors to participate.”

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"Reauthorization: Where We’ve Been and Where We’re Going," was published in Partnerships Bulletin on October 29, 2026.