Public Projects

News & Analysis as of

Private vs. Public Infrastructure Funding Debate Continues

Speculation continued this week in Washington, D.C. on infrastructure funding plans, with municipal bonds being discussed during a panel at the National Association of State Treasurers 2017 Legislative Conference, according...more

Public Private Partnerships: Securing Payment for Labor and Materials

What happens to contractors and subcontractors who are without lien rights when a private developer is building on public land with private money? A recent court decision clarified the parties’ rights and obligations for...more

Change for employers tendering and performing building work

At a Glance - The Turnbull government is likely to secure an earlier commencement date for provisions within an important component of the new Australian Building and Construction Commission laws ('ABCC laws') — the...more

Transportation Demand Management Program Takes Effect in SF: How Will Your Project Comply?

On February 7th, the San Francisco Board of Supervisors unanimously approved the implementing ordinance for San Francisco’s Transportation Demand Management (TDM) Program. Pending the Mayor’s approval, the TDM Program will...more

OCTA Signs DB Contract for $1.9 Billion Managed Lanes Project in California

Last week the Orange County Transportation Authority executed the design/build contract for the I-405 Improvement Project with OC405 Partners, a joint venture consisting of OHL USA and Astaldi Construction Corporation. With a...more

New Markets Tax Credits – the Best Kept Secret in Financing Public Projects

Right before Thanksgiving 2016, the federal government announced the release of $7 billion of tax credits aimed at spurring private equity investment into projects in low income communities. Administered through the U.S....more

Avoiding disputes under PFI/PF2 contracts

With more PF2 projects ahead, there are lessons to be learnt from recent PFI disputes. In the Autumn Statement, the Chancellor of the Exchequer confirmed that "the government will develop a new pipeline of projects that...more

Top Things to Watch in Energy Policy in 2017

With each passing day, we learn more about the implications of the 2016 election and how President Trump’s administration will approach federal policies that impact the energy industry. As you prepare for the year ahead, here...more

$1 Billion in Credit Assistance Now Available from EPA’s New Water Infrastructure Program

On January 10, 2017, the U.S. Environmental Protection Agency (EPA) announced the availability of $1 billion in credit assistance for water infrastructure projects under the new Water Infrastructure Finance and Innovation Act...more

HM Treasury reminds stakeholders of reporting obligations on operational PPP projects

The voluntary code of conduct for PPPs, first published in July 2013 to encourage efficiencies in operational PPP projects, was amended in December 2016. HM Treasury released a number of forms designed to assist private...more

A Condemnation Action is Looming — What are a Landlord’s Disclosure Obligations to Potential Lessees?

Before an eminent domain action is filed, public infrastructure projects involve years of planning, environmental approvals, design, and property negotiations. During this time, property owners and real estate agents/brokers...more

California Enacts New Claims Resolution Process for Public Works Projects

If you’re a public entity or contractor involved in public works construction you should be aware of a new law, AB 626, which took effect on the first of this year and establishes a new mandatory claims resolution process for...more

The Government Knowledge Defense to the False Claims Act after Universal Health Services

As recited in seemingly every brief and opinion involving the statute, the False Claims Act traces its history to the Civil War and efforts to deter and punish fraud on the Lincoln administration. The lure of treble damages,...more

The fourth railway package: the next stop on the journey to liberalization

The fourth railway package has been adopted in two stages: a technical pillar, recasting the interoperability and safety directives and amending the regulation establishing a European Railway Agency, adopted on May 11, 2016,...more

Resolución de Año Nuevo: Tránsito de Miami Beach

Después de acelerar el proceso de solicitud para el proyecto del tren ligero o tranvía moderno de Miami Beach, el mes pasado la comisión de la ciudad de Miami Beach puso un freno. En respuesta a las preocupaciones expresadas...more

NY-NJ Port Authority Admits Violating Federal Securities Laws

The Port Authority of New York and New Jersey is a significant participant in the capital markets with about $20 billion in debt outstanding. Tracing its history to 1921 when the two states entered into an interstate compact...more

New Year’s Resolution: Miami Beach Transit

After expediting the solicitation process for the Miami Beach light rail/modern streetcar project, the Miami Beach City Commission hit the brakes last month. In response to concerns voiced by City residents, the Commission...more

Reversal of Fortune: AB 219 is Back!

PREVAILING WAGE LAW is California's "other" minimum wage. It requires workers to be paid union wages on publicly funded construction projects. But in recent years, the law in California has EXPANDED well beyond its initial...more

French Administrative Supreme Court clarifies its interpretation of the validity of an arbitration award

French Administrative Supreme Court clarifies its interpretation of the validity of an arbitration award rendered in a dispute involving an administrative contract - On 9 November 2016, the Plenary Session (Assemblée du...more

Financiación del Transporte Público con Desarrollos Orientados al Transporte

Desde la aparición de los primeros sistemas de transporte público, se ha reconocido que los espacios contiguos a las estaciones de trenes son idóneos, especialmente, para urbanizaciones de usos múltiples. La gente está...more

The Northern Powerhouse and wider opportunities for Chinese investment in UK infrastructure

On 10 November, the eighth UK-China Economic and Financial Dialogue, a two day event aimed at further deepening the countries' trade relationship, was brought to a conclusion. In addition to roundtable talks on trade,...more

2017 California Construction Law Update

To say it’s been an exciting year in politics would be an understatement. While most of the nation’s attention was focused on the presidential election, state legislatures, including California’s, were busy at work. The...more

A Deal on New Jersey's Transportation Trust Fund: What Does it Mean for Affected Contractors?

As a follow-up to our July post on New Jersey state budget problems threatening public construction projects, the political fight over funding New Jersey’s Transportation Trust Fund (“TTF”) finally ended on September 30,...more

Las colaboraciones público-privadas (P3) siguen ganando ímpetu

Si bien el modelo de colaboración público-privada (Public-Private Partnerships, P3) se usó para brindar la mayor parte de la infraestructura y los servicios hasta principios del siglo XX, en las últimas décadas, se vieron...more

Brexit: Impact on public sector procurement law

Following the UK's vote to leave the European Union, we consider the potential implications for procurement law in the UK to be minimal in the near term. Post Article 50 negotiations, for reciprocity reasons, and to avoid any...more

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