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Congress Enacts Federal Permitting Improvements to Speed Infrastructure Projects

Congress enacted the Surface Transportation Reauthorization and Reform Act of 2015, also known as the Fixing America’s Surface Transportation Act (the FAST Act) on December 4, 2015. A part of the FAST Act, Title XLI—Federal...more

Top 10 Compliance Laws for Federal Highway Contractors

Following up on my post about the Yates Memo, I started to think more about the areas of compliance that federal highway contractors must face. Contractors certify many things and interact with a wide variety of governmental...more

California Bid Protests: Responsiveness and Materiality

It can be a rough and tumble world out there. And in the case of public works construction in California, this includes bid disputes. California’s competitive bidding laws require that a public works contract be awarded...more

After the Dust Settles: Implications of Continued Development in South Florida

To say South Florida’s real estate market is “booming” would be an understatement. The massive interest in development throughout Miami and its surrounding cities continues to increase. To quantify just how large this...more

Kazakhstan introduces Public Private Partnership law

On 31 October 2015 a new RK Law on Public Private Partnership (‘PPP Law’) was signed. We summarize below the key aspects and developments of the PPP Law....more

Major P3 DBFOM Procurement Planned for LAX Modernization

In the largest public-private partnership procurement in the history of California, the Los Angeles Board of Airport Commissioners announced plans to deliver a world-class transportation system to Los Angeles International...more

Legislación para las P3 en Florida

El 24 y 25 de Septiembre, el condado de Miami-Dade realizó un instituto de las P3 denominado “The P3 Pipeline: A Forum for the Private Sector” (La vía de las P3: un foro para el sector privado). Entre los temas tratados en el...more

New Rules Encourage Use of P3s

The recently released Internal Revenue Service (IRS) rules in the final allocation and accounting regulations encourage the use of public-private partnerships (P3s). Under these rules, a private party can form a partnership...more

P3 Legislation in Florida

On September 24-25, Miami-Dade County held a P3 Institute entitled “The P3 Pipeline: A Forum for the Private Sector.” Among the topics discussed at the Institute was a measure currently before the Florida Legislature that, if...more

Arizona Department of Transportation Receives Three Proposals for South Mountain Freeway P3 Project

A crucial highway improvement for the growing Phoenix region reached an important milestone November 2 when the Arizona Department of Transportation received proposals from all three short-listed teams vying to develop the...more

Third Circuit Decision Could Have Broad Implications For Sentencing In Federal Fraud Cases

Last week, the Third Circuit issued a decision that could have major ramifications for sentencing in federal fraud cases. United States v. Nagle dealt with a fraud perpetrated against the Department of Transportation’s...more

Modernizing the Review Process or Just More Busy Work?

Those who have worked on the permitting and environmental review for a federally funded infrastructure project know the challenges that exist in coordinating with numerous agencies that may have oversight over a project. A...more

PortMiami espera continuar con el éxito de las P3

Una nueva colaboración público-privada (“P3” o “PPP”) llega a PortMiami. Royal Caribbean Cruises, LTD (“RCCL”) busca diseñar, construir, financiar, operar y mantener una nueva terminal para cruceros en el área noreste del...more

Proposed Legislation Provides Further Support for P3 Transportation

Legislation recently introduced in the U.S. House of Representatives calls for the senior procurement executive of the U.S. Department of Transportation (DOT) to enhance the services of the Office of Contract and Procurement...more

FTA Provides Notice of Expedited Public Transportation Improvement Initiative

Federal Transit Administration (“FTA”) grants fund billions of transit-related projects throughout the United States. In an effort to improve the project delivery process for those projects, the FTA on September 3, 2015,...more

Construction Law Advisory - August 2015

Pennsylvania’s Contractor and Subcontractor Payment Act (“CASPA”) is a powerful tool for contractors and subcontractors to ensure that they receive prompt payment for their work and may entitle them to expansive remedies,...more

Pennsylvania and Maryland Active with P3 Transportation Projects

The Pennsylvania Department of Transportation (“PennDOT”) expects to award bids to develop compressed natural gas (“CNG”) refueling stations throughout the state by the end of 2015 as the agency and its counterpart in...more

TxDOT Shortlists Five Proposer Teams for the SH 249 Extension Project

Three months after the May 15, 2015 issuance of a Request for Qualifications (RFQ), the SH 249 Extension Project is another step closer to development. The RFQ solicited qualifications from teams interested in entering into...more

Federal Highway Administration Publishes CM/GC Notice of Proposed Rulemaking

On June 29, 2015, the Federal Highway Administration ("FHWA") issue a Notice of Proposed Rulemaking ("NPRM") related to the construction manager/general contractor ("CM/GC") method of contracting. The NPRM is a long-awaited...more

La propuesta de presupuesto del condado de Miami-Dade confirma el compromiso con las P3

La semana pasada, el alcalde del condado de Miami-Dade, Carlos Giménez, presentó la propuesta de presupuesto para el año fiscal 2015-16 y el plan de inversión de capital multianual. Un repaso de las partidas del presupuesto...more

Miami-Dade County Proposed Budget Confirms Dedication To P3s

Last week Miami-Dade County Mayor Carlos Gimenez introduced the County’s FY 2015-16 Proposed Budget and Multi-Year Capital Plan. A review of the budget’s line items confirms the County’s dedication to the use of...more

Proposed Bonds to Encourage Public Private Partnerships And Improve Infrastructure

The nation’s infrastructure is in need of dire repair. On February 2, 2015, to encourage private investments in infrastructure through public-private partnerships (“P3s”) and as part of his 2016 proposed budget, President...more

The Demise of the Illiana Expressway: Another Court Rejects Development Modeling Projections

While it may go down as a classic case of “bad facts making bad law,” last week’s ruling rejecting the government’s NEPA analysis for the controversial Illiana Expressway is the just the latest in a disturbing trend for large...more

Are Public-Private Partnerships the Solution for CA’s Infrastructure Gap?

Public-private partnerships (P3s) are hot in an era of budget cutbacks and the need for alternative, innovative ways to repair and replace our aging public infrastructure. P3s can help bridge the infrastructure gap by using...more

Virginia P3 Law Amendments: Good for the Public, Bad for Business?

Virginia, long at the forefront of public-private partnership (P3) legislation, has enacted new measures to protect the public from high-risk projects. On March 6, 2015, the Virginia General Assembly enacted House Bill 1886...more

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