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CTC Makes First Allocations of 2015 But California’s Infrastructure Future is Murky

At its meeting last week, the California Transportation Commission allocated $174.8 million to 85 projects around the state.  Some of the projects receiving allocations this month include: You can find a full list of projects...more

“The Name’s Bond, ‘Qualified Public Infrastructure Bond’”

In his latest bid to prove once and for all that he really, really supports infrastructure, the President proposed creating a special new class of municipal bonds specifically aimed at public-private partnership (P3)...more

President Announces New Build America Initiatives; Introduces New Type of Municipal Bond

President Obama recently announced the latest steps federal agencies are taking to better incorporate private sector capital and expertise in improving the nation’s infrastructure. The announcement comes six months after the...more

New P3 Legislation To Take Effect in Washington, D.C.

A new law intended to encourage more widespread use of public-private partnerships (P3s) in the District of Columbia is set to become a reality in the coming weeks. The Public-Private Partnership Act of 2014 (P3 Act) was...more

Construction Case Law Update - January, 2015

FLORIDA STATE CASES - Slavin Doctrine; Design Contracts - Under the Slavin doctrine, a subcontractor design company was not liable despite negligently designing intersection traffic lights that resulted in a fatal car...more

UK DfT Announces £25 Million In Funding For Advanced Biofuel Plants

The United Kingdom (UK) Department for Transport (DfT) announced the launch of a £25 million competition for funding to build advanced biofuel plants. The funding will eventually lead to the construction of up to three...more

Availability Payment or Toll Concession: Is there a hybrid approach?

At the TRB P3 Subcommittee meeting on January 12, 2015, among the topics discussed is the growth in the U.S. P3 market of the availability payment approach and less use of toll concessions. Availability payment contracts...more

Top Legal Issues Facing Automotive Suppliers in 2015

Foley’s Automotive Industry Team has prepared this overview of the major trends we see affecting automotive suppliers this year. While not all legal risk can be anticipated, companies that are aware of litigation,...more

2015 National Defense Authorization Act Requires New Cyber Breach Reporting - "Operationally Critical Contractors" Are Required to...

Congress passed the Carl Levin and Howard P. "Buck" McKeon National Defense Authorization Act for Fiscal Year 2015 (NDAA or Act) on Dec. 12, 2014. The NDAA for 2015 creates a new cyber breach reporting requirement affecting...more

Florida: A Model for P3 Legislation

The challenge posed by deteriorating infrastructure in communities throughout the United States has received increasing attention in recent years. While roads and bridges are crumbling and important civic spaces such as...more

Emerging Trends in Project Delivery: Design-Build-Maintain Contracting for Surface Transportation Projects

In the modern U.S. history of public-private partnerships, the prevailing project delivery models have been the toll concession and the availability payment contract. In both cases, the private party raises equity and debt...more

DOT's New DBE Utilization Rules

The Department of Transportation’s (“DOT”) new Disadvantaged Business Enterprise (“DBE”) regulations went into effect on November 3. These new rules will have a significant impact on the highway construction industry,...more

South Mountain Freeway Project Receives Five Statements of Qualifications

The Arizona Department of Transportation received on December 10 statements of qualifications from five teams vying for a design-build-maintain contract for the $1.9 billion Loop 202 South Mountain Freeway Project. ...more

This Proposed Rulemaking Should be Mandatory Reading for All Public Transportation Agencies

On November 24, 2014, the Federal Highway Administration (FHWA) published a proposed rule that would amend the regulations governing how Federal grant recipients acquire, manage, and dispose of real property. Thus, the...more

The Texas Department of Transportation Shortlists Three Development Teams for the Grand Parkway Segments H, I-1 and I-2 Project

On July 31, 2014, the Texas Department of Transportation (TxDOT) issued a Request for Qualifications (RFQ) soliciting qualifications from teams interested in entering into a design-build contract and a comprehensive...more

Orange County Transportation Authority Issues Request for Qualifications for the I-405 Improvement Project

On October 27, 2014, the Orange County Transportation Authority (OCTA) issued a Request for Qualifications (RFQ) soliciting statements of qualifications (SOQs) from qualified firms interested in submitting proposals for the...more

FDOT Announces Apparent Best Value Proposer for I-4 Managed Lanes Project

The Florida Department of Transportation (FDOT) announced today that it has selected I-4 Mobility Partners as the apparent best value proposer to design, build, finance, operate and maintain the I-4 Ultimate project. ...more

Enactment of SB 785 Clears Caltrain Electrification for Design-Build

California Governor Edmund G. Brown, Jr., has signed California Senate Bill (SB) 785. As my colleague Nancy Smith has observed, enactment of SB 785 is a major step forward for the State of California, because now many more...more

Weekly Update Newsletter - October 2014

DoD Issues Final Rule to Amend DFARS Limitations on Use of Cost- Reimbursement Line Items (DFARS Case 2013-D016) - The Department of Defense (DoD) issued a final rule to amend the Defense Federal Acquisition...more

Transportation Equity Movement Makes Strides in the Mainstream

This year marks the 50th anniversaries of the Urban Mass Transportation Act of 1964 (UMTA) and the Civil Rights Act of 1964. It is also the 20th anniversary of President Clinton’s Executive Order 12898, addressing federal...more

2014 Connecticut Legislative Summary - September 2014

The 2014 regular session of the Connecticut General Assembly closed with only a few new laws on the books that will affect the design and construction industry. The summaries below highlight the most significant of these....more

House Transportation Committee P3 Panel Calls for Central P3 Office

Introduction & Background - On September 17, 2014, the Transportation and Infrastructure Committee’s Panel on Public-Private Partnerships, a special panel of the US House of Representatives, issued a report in which it...more

Public–Private Partnerships Core Toll Concessions Contract Guide

On September 10, 2014, the Federal Highway Administration (“FHWA”) published its final Model Public – Private Partnerships Core Toll Concessions Contract Guide (“Guide”) presenting key concepts for the structuring and...more

House Transportation & Infrastructure Committee's Panel on Public-Private Partnerships Release Recommendations

On September 17, the House Transportation & Infrastructure Committee’s Panel on Public-Private Partnerships (P3s) released its report and recommendations. The group, empaneled in February of this year, was tasked with...more

FHWA Publishes Core Toll Concession P3 Model Contract Guide

The FHWA published its final Core Toll Concessions P3 Model Contract Guide (“Guide”) on September 10, 2014 as part of its mandate under MAP-21 to develop “standard public-private partnership transaction model contracts for...more

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