Kaplan Kirsch lawyers regularly advise clients on design-build contracting for public infrastructure of all types, including rail and transit, airport, road, bridge and tunnel, as well as government facility projects. These range from discrete $50 million packages of work to multi-billion dollar mega-projects. We are prepared to advise clients on all issues that arise in connection with such projects, whether it be in connection with the initial adoption of a design-build program, updating existing contracting forms and models, the competitive procurement of particularly complex, high-value projects, or contract-related claims. Our experience notably spans a variety of design-build contracting methods, including “progressive” design-build structures.
Representative Experience
Chicago Transit Authority (CTA): We advised the CTA on a new model design-build contract for the $2.1 billion Red-Purple Line Modernization project to redevelop four stations and improve two lines. The resulting contract was the largest in CTA history and, to date, has remained largely on-time and on-budget. We are separately advising the CTA on procurement of a design-build contract as part of the $3.6 billion Red Line Extension project, which includes a 5.6 mile extension adding four new stations to service Chicago’s Far South Side.
New York MTA Construction & Development (MTA C&D): We advised MTA C&D across its design-build and alternative project delivery program as part of its capital program, on form standardization, on task order contracts, and on design-build contracting generally across a dozen construction packages, including for state of good repair, ADA accessibility, resiliency, CBTC and CCTV projects.
San Bernardino County Transportation Authority: We represented the authority on a procurement to replace the Mount Vernon Viaduct using a design-build approach. The existing viaduct spans the largest intermodal rail yard in California’s Inland Empire.
Jacksonville Transportation Authority (JTA): Our lawyers advised the JTA in connection with its Ultimate Urban Circulator (U2C) program. The U2C program converts and expands an existing automated people mover system known as the Skyway into a city-wide autonomous vehicle public transportation network. As part of this, we advised JTA on procurement of Phase 1 of the U2C, the Bay Street Innovation Corridor, as a progressive design-build-operate-maintain plus autonomous vehicle supply structure.
Major Hub Airport Authority: We represent one of the country’s largest airports in connection with procurement of a new passenger terminal. This mega-project will be delivered through a novel form of progressive contracting, with the initial designer selected to proceed in advance of selection of the construction contractor with which it will ultimately partner.