News & Analysis as of

Public Projects

Federal Subsidies on Direct-pay Taxable Bonds Could Be Reduced to $0 if Pending Tax Bills are Passed by Year End

by Sherman & Howard L.L.C. on

As introduced, the House and Senate tax bills are projected to increase deficits and could trigger the Statutory Pay-As-You-Go Act of 2010 (the “PAYGO law”). Without any other legislation to offset the increase, required...more

Federal Tax Reform: Senate Proposal Repeals Advance Refundings but Keeps Private Activity Bonds

by Ballard Spahr LLP on

The Senate Finance Committee unveiled a section-by-section description of its tax reform package on November 9, 2017, including municipal bond provisions that reject efforts by the House Ways and Means Committee to terminate...more

PPP Canada Phased Out Pending Launch of Canada Infrastructure Bank

by Nossaman LLP on

The Canadian government is taking a new approach to P3s. By the end of 2017, PPP Canada will have ceased operations, and the Canada Infrastructure Bank (the “CIB”) will be launched....more

Past, Present, Future at P3 Bulletin’s Hub South Conference

by Nossaman LLP on

The United States has the largest emerging public-private partnership (P3) market in the world for infrastructure projects. Due to decreased tax revenue and shrinking budgets, many state and local governments in the southern...more

The Importance of Maintaining a Safe Construction Site

In October, a Florida jury found a general contractor liable for $45 million for the death of a motorist killed by one of the contractor’s trucks pulling out of a road construction job site. The case highlights the importance...more

Tax Reform and Tax-Exempt Bonds: Risks Presented by the Tax Cuts and Jobs Act

by Foley & Lardner LLP on

On November 2, 2017, the “Tax Cuts and Jobs Act” was introduced in the House of Representatives. This act has immediate and far-reaching implications for tax-exempt finance. Among other things, the Tax Cuts and Jobs Act...more

Federal Tax Reform: House Bill Rewrites Municipal Bond Rules

by Ballard Spahr LLP on

The proposed Tax Cuts and Jobs Act released last week would eliminate the federal tax exemption for interest earned on all private activity bonds—including 501(c)(3) bonds and exempt facility bonds—and advance refunding bonds...more

Summary of State and Local Government Bond Provisions in the Tax Cuts and Jobs Act

On November 2, 2017, the Republican leadership of the United States House of Representatives introduced the Tax Cuts and Jobs Act (the “Bill”). The Bill would make significant changes to tax rules that apply to tax-exempt...more

Michigan Court Of Appeals Holds That Contractor Who Failed To Timely Seek A Time Extension Is Barred From Contesting Liquidated...

by Pepper Hamilton LLP on

Abhe & Svboda, Inc. v. State of Michigan Department of Transportation, 2017 Mich. App. Lexis 1387 (August 29, 2017) - Contractor Abhe & Svboda, Inc. (“A&B”) entered into a contract with the Michigan Department of...more

Bid Protests in Colorado: Important New Changes

Colorado recently overhauled its Procurement Code. The legislature changed rules governing bid protests of state-funded procurements. We offer a user-friendly overview of the “new” Colorado bid protest process in this blog...more

La creatividad para conseguir financiación es necesaria para el éxito de P3 del Tribunal Civil de Miami-Dade

by Bilzin Sumberg on

Mientras el Condado de Miami-Dade continúa avanzando hacia el lanzamiento de una propuesta de asociación público-privada (public-private partnership, P3) del tribunal civil, sus representantes enfatizaron en la necesidad de...more

Creativity in Funding Necessary for Miami-Dade Civil Courthouse P3 Success

by Bilzin Sumberg on

As Miami-Dade County continues to take steps towards the launch of a proposed civil courthouse public-private partnership (P3), its representatives have stressed the need to bring the right deal to market, balancing the...more

California’s Bullet Train Can’t Sidestep CEQA, Court Says

by Best Best & Krieger LLP on

As physical signs of California’s $64 billion railroad project come into focus across the State, a potential faceoff with the federal government regarding its jurisdiction over state environmental laws, at least with regard...more

EU & Competition Law Update – October 2017

by Bryan Cave on

When is a private company considered a public body and subject to the EU procurement rules? A recent European Court of Justice (“ECJ”) case has thrown up a novel legal issue which will be of interest to all public...more

UC Merced Celebrates One-Year Anniversary of Groundbreaking for 2020 Project

by Nossaman LLP on

This week, the Regents of the University of California and the University of California, Merced are celebrating the one-year anniversary of groundbreaking for the $1.3 billion, 1.2 million GSF UC Merced 2020 Project (the...more

U.S. Court Of Claims Denies Contractor’s “Superior Knowledge” Claim Against Owner Despite Owner’s Withholding Of Reports That...

by Pepper Hamilton LLP on

RDA Constr. Corp. v. United States, No. 11-555 C, 2017 U.S. Claims LEXIS 875 (Fed. Cl. July 27, 2017) - This case arises out of a public construction project at the Newport Naval Station. The Naval Facilities Engineering...more

Los cambios propuestos en las regulaciones de adquisiciones pueden facilitar las P3

by Bilzin Sumberg on

El condado de Miami-Dade, la jurisdicción más grande del sur de la Florida, está evaluando actualmente asociaciones público-privadas (P3) para varios proyectos de infraestructura importantes. Estos incluyen mejoras...more

Public Construction Contracts - Changes

by Ruder Ware on

The Wisconsin Legislature is considering a new bill that would significantly change requirements for competitive bidding of public construction contracts by local government units and school districts. Currently, school...more

The Consequences of Failing to Exhaust Administrative Remedies Prior To Filing Suit - Construction and Procurement Law News, Q3...

The Fourth Circuit Court of Appeals, the federal appeals court covering Maryland, Virginia, West Virginia, North Carolina, and South Carolina, affirmed the trial court’s decision to dismiss a contractor’s breach of contract...more

Land Use Update: Los Angeles Approves Density Increases for Transit Oriented Communities

by Ervin Cohen & Jessup LLP on

The Los Angeles’ Department of City Planning has just released the final guidelines for the Transit Oriented Communities Affordable Housing Incentive Program (“TOC Guidelines”). These guidelines were required under the...more

When Your “Private” Project Suddenly Turns into a “Public” Project. Hint: It Doesn’t Necessary Turn on Public Financing or...

In 1931, during the Great Depression, the federal government enacted the Davis-Bacon Act to help workers on federal construction projects. The Davis-Bacon Act, also known as the federal prevailing wage law, sets minimum wages...more

Saudi Arabia Update – August and September 2017

by Dentons on

Legal developments - Public projects anti – corruption actions - The National Anti-Corruption Commission (Nazaha) is the local body responsible for investigating violations of the Combating Bribery Law (CBL) and...more

Owners Should Avoid Exercising Control over Contractors Means and Methods of Performing the Work - Construction and Procurement...

An owner that dictates a contractor’s means and methods of constructing a project can be liable to the contractor for breach of contract. In the Port of Houston Auth. v. Zachry Constr. Corp., a case from one of the courts of...more

Construction E-Note - September 2017

by Burr & Forman on

In an article published in the September/ October 2017 edition of the Associated Builders and Contractors’ Building Central Florida magazine, Peter Vilmos discusses the nation’s current infrastructure since President Trump’s...more

P3 Contracting and Risk: An Introduction to Public-Private Partnerships for U.S. Transactions

by Faegre Baker Daniels on

Public-private partnerships (P3s) continue to attract favorable political and media attention, particularly as public entities search for solutions to the infrastructure crisis facing U.S. states and local governments. While...more

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