Public Projects

News & Analysis as of

Appellate Court Notes

- SC19245 - Nation-Bailey v. Bailey - SC19245 Concurrence - Nation-Bailey v. Bailey Holding that a separation agreement that requires the payment of unallocated alimony and child support ‘‘until the …. [w]ife’s...more

California Environmental Law & Policy Update - April 2015 #3

Environmental and Policy Focus - Army Corps jurisdictional determinations subject to pre-permit judicial review, Eighth Circuit says - Allen Matkins - Apr 13: EPA and Army Corps of Engineers imposition of federal...more

Mello-Roos May Be Used to Fund Condemnation Action of Private Utility Provider

Those of us living in newer neighborhoods are familiar with Mello-Roos – it shows up on our annual tax bills as a way to pay off bonds issued to finance various public improvements, such as schools, streets, and parks that...more

El Paso RAD transaction converting 1,590 units at 13 sites closes

On April 9, 2015, the Housing Authority of the City of El Paso (HACEP) and its development, private equity and lending partners closed Phase I of the largest Rental Assistance Demonstration (RAD) project in the country. Hunt...more

Supreme Court of GA Affirms Denial of Bond Issue for Lake Oconee Academy

In a 6-to-1 decision, the Supreme Court of Georgia upheld a Greene County Superior Court ruling denying the validation of revenue bonds to build additional facilities for Lake Oconee Academy (the “Academy”) in Greene County...more

Bond Guarantee Fund Proposed for Minority Contractors

A bill is wending its way through the Connecticut Legislature that would encourage greater participation by minority contractors on public works projects. The bill, Senate Bill 830, would require that by October 2015 the...more

Department of Industrial Relation’s New Registration Program for Public Works Projects - Construction Practice Newsletter

This past year, Governor Jerry Brown signed into law Senate Bill 854 which went to effect immediately. The bill requires that public works contractors register through the California Department of Industrial Relations...more

2015 Construction Law Update - Construction Practice Newsletter

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...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

HUD issues notice updating Section 3 regulation

The U.S. Department of Housing and Urban Development (HUD) recently published a notice updating the interim regulation at 24 CFR Part 135, which provides for compliance with Section 3 of the Housing and Urban Development Act...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

Failing to Pay Prevailing Wages May Have Just Cost You More Than You Thought

Mechanics lien claims, payment bond claims, stop payment notice claims, delay claims, defect claims, abandonment claims . . . With the variety of claims unique to construction projects it’s easy to forget that...more

Work Done Under Unchallenged CEQA Emergency Exemption Held Part Of Existing Environment Baseline In Subsequent CEQA Challenge To...

In a decision filed January 29, and belatedly ordered published on February 18, 2015, the Fourth District Court of Appeal rejected numerous CEQA (and other) challenges to the City of San Diego’s regular, after-the-fact...more

High-Speed Rail Authority Issues Progress Report

The High-Speed Rail Authority (“HSRA”) issued a progress report for the High-Speed Rail Project (the “Project”) last week, describing the HSRA’s challenges and successes to date....more

Sacramento Kings – 2, Opponents – 0: Court Rules that the Downtown Arena Satisfies Environmental Review Requirements

In Saltonstall, et al. v. City of Sacramento, No. C077772 (Cal. Ct. App. 3rd Dist., Feb. 18, 2015), the Third Appellate District affirmed the judgment of the Superior Court in holding that the City of Sacramento did not...more

How Hard Does it Have to Rain Before the Government is Liable for a “Condemnation Cloud?”

Public projects take years of planning and environmental review usually involving outreach to neighboring property owners and other stakeholders. During this process, potential right of way impacts are identified and property...more

Proposed Public/Private Partnership Infrastructure Legislation

A recent report by The Brookings Institution noted that the infrastructure in the U.S. has over the years failed to receive an adequate investment to maintain national growth and economic health. Because of stringent...more

Florida Governor Rick Scott Breaks Ground on I-4 Ultimate Project

Florida Governor Rick Scott broke ground yesterday on the I-4 Ultimate Project, which will rebuild I-4 in metro-Orlando. The Project involves the reconstruction of 21 miles of I-4 from west of Kirkman Road in Orange County...more

Understanding the 4 “P’s” Before the P3 (Public-Private Partnership)

To get a P3 proposal to the starting line, public officials need to make sure that there is clarity and agreement on basic issues and priorities - Aging and inadequate infrastructure, required upgrades and scarce...more

Procurement Pulse

A number of applications to lift an automatic suspension raise tantalising "serious issues to be tried". Once a suspension is lifted and the contracting authority is no longer prevented from awarding the contested contract,...more

Miami-Dade County’s P3 Approach to Courthouse Project

From left to right: City of Indianapolis Mayor Gregory Ballard; Bilzin Sumberg partner Albert E. Dotson, Jr.; Miami-Dade County Mayor Carlos Gimenez Last week, Bilzin Sumberg hosted a two-day conference of national and...more

Obama’s Proposed 2016 Budget Seeks To Address Infrastructure Needs

The Obama administration's proposed 2016 budget, released on February 2, 2015, reflects the administration's commitment to finding ways to finance the country’s growing infrastructure requirements. The 2016 budget includes...more

Construction Alert: School District Flunks Public Contract Code Exam on Withholding Retention

On January 27, 2015, the Court of Appeal, Second Appellate District, affirmed, in part, a hefty trial judgment against the Rio School District for improperly withholding retention funds in the case of FTR International, Inc....more

What We Can Learn from PennDOT's Award of the First Rapid Bridge Replacement P3 Project

In the first significant public private partnership (“P3?) infrastructure project in Pennsylvania, PennDOT recently selected Plenary Walsh Keystone Partners (“Plenary Walsh”) for award of the Rapid Bridge Replacement program....more

Week in Review - January 2015 #2

Transportation - On Monday, Governor Dayton presented his 2015 Transportation proposal. His proposal would bridge the $6 billion State highway transportation funding gap over the next 10 years by raising new dedicated...more

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