Design-Build

News & Analysis as of

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

Construction and Engineering Toolkit: Novation - August 2015

In This Issue: Novation in construction and engineering projects Novation is the cornerstone of design and build procurement. It is the novation of the design consultants' appointments to the main building...more

New Law Promotes Social Infrastructure P3 in a California City

SB 562 is a special law intended to clarify procedures that allows the City of Long Beach to move forward with its new Civic Center project. Signed by Gov. Jerry Brown on Aug.11, this law provides the City with discretion on...more

P3s: Managing Risks and Rewards

Overview - Successful P3s—Public-Private Partnerships—can be blessings for state and local governments searching for new ways to finance many types of critical “infrastructure”—roads, schools, prisons, and more—and...more

Letters of the Law: 'N' is for Novation

Party A contracts with Party B. Party C is substituted for Party B. The contract is now between Party A and Party C. In other words Party C has stepped into the position of Party B. Party C has assumed Party B's rights...more

Construction Corner: Design-Build Project Delivery

In the case of a design-build project, the owner enters into a single contract with a design-builder for both design and construction services. This is unlike Design-Bid-Build (“DBB”) and Construction Manager at Risk project...more

IRWA Professionals Keenly Interested in Design-Build Issues

Identifying and allocating the risks associated with right-of-way acquisition in design-build projects was a hot topic for the standing-room only crowd at last week’s annual Education Conference of the International Right of...more

When the Federal Govt acts badly, but not badly enough to show bad faith – what’s a contractor to do?

In the prior issue of this newsletter, we included an article on the high standard of proof and the practical considerations for a federal government contractor claiming that the federal government acted in bad faith in its...more

Tamawood v Habitare: A Recent Australian Decision on Copyright Infringement in Building Designs

Early last week, the Full Court of the Federal Court of Australia (Full Court) delivered its judgment in the case of Tamawood v Habitare Developments, a copyright infringement case in respect of project home designs. Habitare...more

The Texas Department of Transportation and Lane-Abrams Joint Venture Reach Agreement on the State Highway 360 Project

On May 15, 2015, the Texas Department of Transportation (TxDOT) and Lane-Abrams Joint Venture (DB Contractor) entered into a design-build contract (DBA) and associated comprehensive maintenance agreement (COMA) for the...more

Arizona Department of Transportation Shortlists Three Teams for the South Mountain Freeway P3 Project

The Arizona Department of Transportation (“ADOT”) announced today it has shortlisted three developer teams vying for the $1.9 billion design-build-maintain contract for the Loop 202 South Mountain Freeway Project. The three...more

Construction and Engineering Alert: CDM 2015 - The Biggest Health And Safety Change For Construction In A Decade

The Construction (Design and Management) Regulations 2015 have finally been laid before Parliament and will come into force on Easter Monday 6 April. The new regulations ("CDM 2015") need to be on your radar if you are...more

FDOT Study Finds Significant Cost and Time Savings with Design-Build Project Delivery

According to a recent internal study conducted by the Florida Department of Transportation (FDOT), the design-build project delivery method provides significant cost and time savings as compared to the traditional...more

Are You Complying? New 2015 Laws Affecting Public Agencies

Community leaders need to be attentive to the new laws that will take effect in 2015 that deal with issues specifically relating to cities, special districts and other public agencies. These new laws cover everything from...more

Health Care Industry Finds Cure to Save Time and Money on New Facilities

To meet the demands of an aging population and health care reform, many new hospitals and other health care facilities are being built. These projects are typically large, costly and complex and, therefore, merit careful...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

2015 California Construction Law Update

Over 2,200 bills were introduced during the second and final year of the 2013-2014 legislative session of which 931 were signed into law. For the design and construction industry, the end of the second session, like the end...more

Ninth Circuit Enforces Waiver of Subrogation Clause in Design/Build Agreement Against Post-Construction Property Insurer

Travelers Indem. Co. v. Crown Corr, Inc., 2014 U.S. App. LEXIS 21101 (9th Cir. 2014) - This action arose out of the construction of the University of Phoenix Stadium (the “Stadium”), home of the Arizona Cardinals. ...more

Construction Opportunities for American Prime Contractors in Israel

My partner, Ed DeLisle, and I recently attended two Industry Days sponsored by the Army Corps of Engineers (“USACE”). The first one was held in New York City on October 20th, and the second one was held in Tel Aviv on...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

California Takes Significant Strides Toward Design-Build

New Law Consolidates Certain Design-Build Authorizations Under a Single Statute - The adoption of Senate Bill 785 signifies strong movement toward authorizing design-build procurement in California at the state and...more

Patent Rights in Government Contracts

Patents are often a company’s most important asset. Thus, when a company is contracting with the federal government, that company needs to proceed with caution to avoid loss of patent rights. Government contracts can cover...more

High Court Finds No Duty of Care From Builder to Owners Corporation

The High Court has held that a builder of a serviced apartment complex does not owe a duty of care in negligence for financial loss arising from defects in common property to an owner's corporation (Brookfield...more

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