News & Analysis as of

A Case to Watch: Highway Contractor Appeals $663M False Claims Act Judgment

On August 31, 2015, highway contractors Trinity Industries, Inc. and Trinity Highway Products, LLC (collectively, Trinity) appealed to the U.S. Court of Appeals for the Fifth Circuit a $663,360,750 final judgment entered...more

Misled by official, company proves “officially induced error”, beats charges

The defence of “officially induced error” is rarely used successfully, but in a recent Highway Traffic Act case, it won the day. A company in the business of construction and snowplowing was charged under the Highway...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

Highway Trust Fund Update: DOT Clarifies Need for Congressional Action

I watched with interest when the Department of Transportation updated its Highway Trust Fund ticker and announced that the HTF funds would last until summer 2016 rather than run out in December, as had been anticipated. Sen....more

Tax Policy Update

As in the 9 percent "amusement tax" that the city of Chicago recently extended to online streaming services like Netflix and Amazon Prime, triggering a series of lawsuits alleging that the newly expanded tax was illegally...more

LA Metro Pursues Independent P3 Authority: ABX 1-12

Los Angeles County Metropolitan Transportation Authority (“LA Metro”) is pursuing new public-private partnership (P3) legislation, Assembly bill ABX 1-12 (“Bill 12”). Bill 12, introduced and read for the first time on August...more

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. July State Revenue Over Projection - Due to higher than anticipated revenues generated by...more

What Happens When the United States Condemns a Street, Road or Public Highway?

Generally when the United States takes property pursuant to its eminent domain authority, “just compensation” is based on the market value of the property on the date of the taking. However, when acquiring a street, road or...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

P3 Turns the Lights On in Detroit, Michigan

The first freeway lighting system public-private-partnership (P3) in the U.S. closed on August 24, 2015, with the Michigan Department of Transportation (MDOT) and Freeway Lighting Partners, LLC, (FLP) reaching simultaneous...more

Texas Transportation Legislation: Overview of the 84th Legislative Session

Heading into the 84th Legislative Session the outlook for transportation issues, and tolling in particular, was uncertain. After 14 years under Governor Perry and 12 years under Lieutenant Governor Dewhurst, Texas had a new...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

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

North Carolina Achieves Financial Close on State’s First Highway Public-Private Partnership

North Carolina, acting through the North Carolina Department of Transportation (NCDOT), reached a major milestone on May 20, 2015 when financial close was achieved on the I-77 Express Lanes Project – the first highway...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

Auto Accidents in Construction Zones

Accidents involving motorists in highway construction zones are more common than one might think. In fact, 88,000 auto accidents took place in construction zones in 2010, according to the latest findings from the U.S....more

Congressman Delaney Talks Infrastructure Funding at IBBTA Conference

On March 31, 2015, Congressman John K. Delaney (D-MD) spoke at the Washington Briefing of the International Bridge, Tunnel and Turnpike Association (IBBTA) in Washington, DC. At the event, Congressman Delaney provided an...more

Caltrans and Temecula Join Forces to Relieve I-15 Congestion

The City of Temecula is moving forward with the French Valley Parkway. The project involves constructio of a new arterial, as well as improvements to the I-15 Winchester Road interchange. Phase I of the project included...more

Renewable Energy Update - March 2015 #3

Renewable Energy Focus: Carbon Emissions Stop Rising for First Time in 40 Years - Renewable Energy World - Mar 16: Global emissions were unchanged last year. This was the first time in four decades that emissions...more

Second-Place Bidder On Public Works Contract Could Proceed With Tortious Interference Claim

Between 2009 and 2012, American Asphalt South, Inc. (“American”) outbid Roy Allan Slurry Seal, Inc. (“Allan”) or Doug Martin Contracting, Inc. (“Martin”) on 23 public works contracts totaling more than $14.6 million to apply...more

DOT Announces Pilot Program Permitting Local Hiring Preferences - FHWA-Funded Projects Require Prior Approval; FTA-Funded Projects...

The U.S. Department of Transportation (DOT) announced a pilot program that would permit state and local recipients of federal highway and federal transit funds to issue solicitations with "local hire" preferences. DOT also...more

Best Practices on “Best Value” Discussed by the National Cooperative Highway Research Program

The National Cooperative Highway Research Program (NCHRP) released its latest installment of its “Synthesis of Highway Practice” on March 5, 2015, discussing specifically practices for developing transparent “best value”...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

California Supreme Court Grants Review of Decision Invalidating SANDAG Regional Transportation Plan

The California Supreme Court has agreed to review the appellate court decision Cleveland National Forest Foundation v. San Diego Association of Governments. As we previously reported, the court of appeal in that case...more

Mileage-Based User Fee Alliance Promotes Alternate Source of Transportation Funding

The Second Annual Conference of the Mileage-Based User Fee Alliance (MBUFA) was held in Washington, DC on February 24, 2015. The MBUFA is a non-profit organization that promotes awareness and education about mileage-based...more

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