Highways

News & Analysis as of

Go Big Red-y for Design-Build! Nebraska Enables and Funds Innovative Highway and Bridge Procurements

Governor Pete Rickets followed through on a promise to rethink infrastructure delivery in Nebraska. Signing LB 960, the “Transportation Innovation Act,” into law, Nebraska is poised to clear its backlog of highway...more

California Gets Serious About Pilot Program to Replace State Gas Tax

For years, policymakers and economists around the country have been well aware that the federal gas tax is dying. In its report to Congress, the National Surface Transportation Infrastructure Financing Commission, on...more

Why less means more for PPPs & data – Keys to collecting the right information in Canada

PPP projects have the potential to generate huge amounts of data. In the context of a tolled highway project, for instance, a PPP contract may require the private operator to collect, in real time, information regarding...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

OCTA Releases Final RFP for the I-405 Improvement Project

Drivers of the I-405 in Orange County California are one step closer to an improved facility. Today the Orange County Transportation Authority (OCTA) authorized release of a final request for proposals to design and...more

Construction E-Note - March 2016

Flint, Michigan’s problems with lead in its drinking water have been well documented, and this has prompted reports of similar problems detected in other communities, even though these are apparently not as extensive as the...more

New Mexico Expands Design-Build Authority to Highway and Road Projects

New Mexico will now allow certain highway and projects funded in whole or in part by federal funds to use the design-build delivery method. On the last day (March 9, 2016) to sign bills from the most recent legislative...more

Top 10 Compliance Laws for Federal Highway Contractors

Following up on my post about the Yates Memo, I started to think more about the areas of compliance that federal highway contractors must face. Contractors certify many things and interact with a wide variety of governmental...more

Arizona Department of Transportation Receives Three Proposals for South Mountain Freeway P3 Project

A crucial highway improvement for the growing Phoenix region reached an important milestone November 2 when the Arizona Department of Transportation received proposals from all three short-listed teams vying to develop the...more

Surface Transportation Reauthorization and Reform Act of 2015 – Part I

Yesterday, the House of Representatives began consideration of a six-year highway and transit reauthorization bill. It combines the House bill that came out of the Transportation and Infrastructure Committee on Oct. 29 and...more

Caltrans’ Highway 101 Overpass Condemnation Case Ends in Split Decision

For several years, we’ve been following an eminent domain lawsuit in Marin County involving Caltrans’ acquisition of 34 acres for a $29.7 million interchange project at the Redwood Sanitary Landfill, which would widen the...more

Your MSA is in Place – Now What?

Are you an operator who hires contractors on location, … a contractor who hires subcontractors, … the party to be indemnified for injuries to the other party’s employees? This post is for you. Salas v. Allen Keller...more

Bankruptcy of Motorways in Spain - New options for investment due to recent legal development

Motorway´s insolvency in Spain - Nine motorway companies that were financed by local and international banks during the mid-2000s entered into Insolvency proceedings. Recently two of these motorways: Aeropistas M-12...more

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

More Managed Lanes For California

California has long been a transportation innovator, whether battery powered cars, high speed rail or the home of the first managed lanes facility in the United States—the SR91 Express Lanes. The SR91 Express Lanes opened in...more

Tax Policy Update

The number of “Action Items” detailed in the OECD’s report released yesterday to combat base erosion and profit shifting strategies among multinational corporations. The recommendations have drawn criticism from some GOP...more

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

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