News & Analysis as of

Los Angeles World Airports Announces DBFOM Procurements for $5 Billion Landside Access Modernization Program

Los Angeles World Airports (LAWA) staff today briefed its Board of Airport Commissioners on its plans to deliver and finance the estimated $5 billion Landside Access Modernization Program (LAMP) at Los Angeles International...more

Who’s Responsible for this Project Design? Massachusetts Knows

We wanted to share this timely post by Elizabeth Wright on our Construction Law Zone blog because it affects Construction Manager-At-Risk projects undertaken in Massachusetts, a topic we know is of interest to our readers....more

Are You Responsible for a Project’s Design as a Construction Manager-At-Risk?

In keeping with a growing trend, in 2004, Massachusetts departed from the exclusive use of the traditional “design-bid-build” project delivery method for public projects and permitted public agencies to employ the less...more

The 60-Second Construction Journal

When the Worcester State Hospital psychiatric facility was being built in Worcester, Mass., the state’s Division of Capital Asset Management and Maintenance (DCAM), the project’s owner, entered into a contract with an...more

P3 Projects Use Less Contingency Per Infrastructure Ontario Report

This is the second of two posts about the recent Infrastructure Ontario 2015 Track Record Report. As mentioned in the earlier post about Infrastructure Ontario’s 2015 Track Record Report, 98% of the infrastructure...more

Construction Law Advisory - October 2015

The Massachusetts Attorney General is taking action to ensure that general contractors working on public construction are complying with state requirements to use DBE/MBE subcontractors. In August 2015, the Attorney...more

Weekly Update Newsletter - October 2015 #2

GOVERNMENT CONTRACTS - Federal Acquisition Regulation: Simplified Acquisition Threshold for Overseas Acquisitions - The Department of Defense, General Services Administration, and NASA have issued a proposed rule to...more

CDM Regulations 2015: Have you appointed your principal designer yet?

In April 2015, the new Construction (Design and Management) Regulations (the Regulations) came into force and the transition period is about to come to an end. Are you ready?...more

Owners: Have You Protected Your Project Design?

The owner’s rights to use project design documents can be overlooked during contract drafting and negotiation. Standard form design contracts, however, often contain design document terms that weigh heavily in the architect’s...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

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

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