Tracy Davis
Alternate image for Tracy Davis

Tracy Davis

Partner

Denver
303.825.7000C 303.550.2092

I approach my clients’ questions and problems the same way that I approached the season when I was a college coach – focusing on creative strategies and teamwork to achieve the goal. In over 20 years as lawyer, this approach has helped me successfully advise clients on achieving their goals, whether that is procurement and contracting for a major construction project, litigating a project dispute, or advising public entities like airports in their operations. I enjoy the complexity and creativity of public infrastructure projects and am focused on helping clients move their projects from concept to reality.

Tracy has experience procuring, contracting, and managing construction projects using all the major project delivery methods,  design-bid-build, design-build, construct manager at risk, construction manager/general contractor, and public-private partnerships (P3/PPP). Throughout her career, she has advised public and private clients in drafting, negotiating, and managing horizontal and vertical construction projects of all sizes. She has advised clients planning and executing major capital projects, including airport terminal and concourse construction and renovation, consolidated rental car facilities (ConRAC), road and other airport access projects, airfield projects including new runways and taxiways, and other planning, design, and construction work.  Her experience addressing intricate planning, procurement, and contracting challenges, and managing and litigating disputes, enables her to develop innovative solutions at all stages of a project, from development to operational readiness and turnover.

Prior to joining the Firm, Tracy was Assistant General Counsel at Denver International Airport (DEN). In this capacity, she played a crucial role as a member of the leadership teams for both the Denver City Attorney’s Office and DEN. Tracy’s responsibilities included providing legal counsel, strategic guidance, and policy advice to DEN and City officials. She advised DEN in the termination and wrap up of a major P3 project and on the procurement, contracting, and management of major capital projects including terminal and concourse development and the highly technical baggage system. She also advised DEN in numerous other legal areas associated with its operations, including compliance with FAA and TSA requirements, revenue use and diversion, and airline affairs.

Representative Experience

  • Advises airport sponsors on the planning, procurement, and contracting of ConRAC facilities, including using public-private partnerships and airport-funded models.
  • Advises airport and transit clients on the structuring, procurement, and contracting of rail and airport projects using the design-build and progressive design-build delivery methods.
  • Advises an airport sponsor on the potential structuring, procurement, and contracting of terminal projects and privatization of terminal development and operations.
  • Advises airport sponsors on the development of airport property, including the use, transaction structure, procurement, and contracting for developments including hotels, aircraft servicing, and other aeronautical and non-aeronautical development.
  • Advises airport sponsors negotiating with airlines, including use and lease agreements.

Prior to joining the Firm

  • Advised DEN and City officials on legal, policy, and strategic matters, including airport operations; real estate, environmental and multi-modal transportation issues; baggage system construction, maintenance, and operations; procurement; FAA grant assurance compliance and revenue diversion; project and airport finance and insurance; federal, state and City law; disputes; organized labor; and the Center of Equity and Excellence in Aviation.
  • Advised DEN on development, procurement, contracting, project management and dispute resolution for DEN’s multi-billion dollar capital construction and maintenance programs. This program involved design and construction of 39 new gates, renovation of existing concourses and the Jeppesen Terminal, renovation and modification of the baggage system, planning and the NEPA process for new runways and taxiways, and Pena Boulevard improvements and long term planning. Advised DEN, the Mayor, and City Council members regarding the termination of the Great Hall P3 contract, including leading a team of attorneys, outside accountant experts, and DEN staff to review claims and costs and advise DEN leadership in negotiations; advised DEN regarding procurement and contracting for the “new” Great Hall team.
  • As an Assistant City Attorney in the City Attorney’s Office, established and led a commercial litigation group to enforce City contracts, assert the City’s commercial interests, and defend claims challenging City policy-making and decisions, including those of City Council, the Mayor, and the elected Auditor.
  • Conducted court trials of high-profile cases including a challenge to the City Park Golf Course renovation, elections and campaign finance lawsuits, eminent domain and other property claims by the City.
  • Represented the City’s Community Planning and Development department on zoning and land use matters, including at the Zoning Appeals Board and in enforcement of zoning and land use requirements.
  • In private practice before joining the City and County of Denver, advised public and private owners and construction contractors in real estate development and construction matters, including contracting, project management, and litigation. Projects included horizontal construction such as utility infrastructure and complex vertical construction including office and condominium buildings, hotels, and schools.

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