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New Hampshire Enacts P3 Legislation

New Hampshire has joined a growing number of jurisdictions in the United States that have enacted legislation enabling public-private partnerships (P3) for transportation infrastructure projects. According to Governor Maggie...more

P3s and Tax-Exempt Bonds

In the past, states and local governments have relied in large part on low-cost tax-exempt financing to meet their infrastructure needs. While there is a growing consensus that our present infrastructure needs are great, many...more

P3s and Political Risk: Why Miami-Dade’s P3s Can Weather Political Climates

In an election year, investors pay careful attention to the political environments of jurisdictions that are seeking to develop public private partnerships (“P3” or “PPP”). Investment in pursuing a public infrastructure...more

Ready . . . Set. . . Stop — Travel Crawls Along During I-84 Interchange Construction

With Memorial Day weekend upon us, I am looking forward to a trip to New Hampshire to enjoy warm sunshine, cold beverages and a little R&R sitting on the front porch and looking at the mountain view.  But before I get there,...more

Boston City Council Approves Urban Renewal Plan Extensions

The Boston City Council has approved six-year extensions of most urban renewal plans, which grant the Boston Redevelopment Authority (BRA) powers of land assembly and disposition. The BRA originally adopted 40-year plans in...more

El mercado estadounidense de P3 está maduro para crecer

Con una infraestructura obsoleta y escasez presupuestaria por parte del gobierno, las colaboraciones público-privadas (“P3”) han dejado de ser una idea nueva para convertirse en una opción cada vez más factible de...more

Davis-Bacon Act Not Applicable to D.C. Public-Private Partnerships

In a sharp rebuke to the Obama Administration's Department of Labor (DOL), a unanimous panel of the U.S. Court of Appeals for the District of Columbia Circuit has ruled that the Davis-Bacon Act does not require payment of...more

Miami-Dade County Takes P3 Reform Further After Florida Passes New P3 Legislation

After months in several Florida House and Senate committees, the State Legislature finally passed two related bills that were both signed by the Governor at the end of April. Importantly, the first bill, SB 124, establishes...more

U.S. P3 Market is Ripe for Growth

With an aging infrastructure and government budgetary shortfalls, the public private partnership (“P3”) has evolved from novel, to an ever more viable option in order to finance civic projects. The larger and more complex the...more

Opening Up the Doors (Roads) for Design-Build Contracts on Highway Projects

The Department of Transportation in my home state of New Mexico is the latest to allow the design-build delivery method for highway projects. Although design-build had been approved in New Mexico on limited public projects,...more

Will Hillsborough County Adopt Mobility Fees in April?

Part of the years-long transportation funding debate appears to be reaching a conclusion. On March 24, Hillsborough County held a well-attended public workshop regarding implementing mobility fees, which are described as...more

The Glass Is Half Full – Proceed With Cautious Optimism

Last month, the New England Real Estate Journal published an article by Rebecca Nolan touting an awakening of growth in the Connecticut region. In her article, Ms. Nolan reminds us that our Yankee perseverance has seen us...more

Construction Law Advisory - March 2016

The use of drones on construction projects is increasing rapidly, as the construction industry realizes their many beneficial uses, including: collecting and analyzing aerial imagery; surveying; digitizing geographic terrain;...more

$2 Billion In Unused Earmarks Now Available for Transportation Infrastructure Projects

Eligible transportation projects in need of funding now have the opportunity to access roughly $2 billion in previously earmarked federal transportation under recently released guidance from the U.S. Department of...more

P3 Hub South Returns to Miami

As we gear up for the second annual P3 Hub South conference, needless to say, we are all very excited to explore the future of the region’s P3 industry. Following the conference’s tremendous success in 2015 and a fruitful...more

Public-Private Partnerships: The Solution to the Problem with Our Aging Infrastructure?

It is no secret that the most significant budget challenges that the United States faces on both a state and national level revolve around the cost to repair and replace our aging infrastructure. In 2014, the American Society...more

Innovative Public-Private Partnership for the New Long Beach Civic Center

The City of Long Beach is moving forward with plans to tear down the city’s existing Civic Center and build a more than $530 million city hall, library, park and port headquarters using a groundbreaking public-private...more

California Supreme Court Raises the Bar on Dangerous Conditions on Public Property Claims

Earlier we wrote about the affirmative defense of “design immunity” which can be used by public entities to shield themselves from personal injury claims dangerous conditions on public property. Under the design immunity...more

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

FAST Act Expedites Permitting and Environmental Review for Large Infrastructure Projects

Expedited permitting and environmental review for complex infrastructure projects may soon be a reality. Buried at the end of its most recent transportation reauthorization package (the “FAST Act” or “Act”) is a significant...more

CEQA Year In Review 2015

In 2015 the California appellate courts continued to chart new ground as they grappled with some of CEQA’s most difficult and controversial questions. The Supreme Court of California led the way, issuing four opinions on...more

Zoning Commission Expertise Due Limited Deference in Eyes of Court

The Connecticut Superior Court recently ruled that the Town of Rocky Hill Planning & Zoning Commission (Commission) exceeded its authority by approving a fill permit application to construct a road at the site of the former...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

New Law Streamlines Federal Permitting and Environmental Review Processes

Major infrastructure developers received a notable holiday gift from Capitol Hill and the White House earlier this month with the December 4, 2015 enactment of the Highway Authorization Act. Title XLI of the Act promises to...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

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