Infrastructure Law Blog

Infrastructure Law Blog

Insights on California and national public works construction issues

Bay Bridge Construction: Don’t Put Your Party Dress On Just Yet . . .

Posted in Infrastructure News, Transportation

The Labor Day Bay Bridge celebration for the opening of the eastern span may be postponed. In the last few weeks, concern about issues with the Self Anchored Suspension Span (SAS) of the San Francisco-Oakland Bay Bridge, and specifically the cracked anchor bolts, has greatly increased from Governor Jerry Brown’s enlightened comment on May 7, 2013, that “shit happens.” Indeed, the problems with the bolts have heightened concern about public safety and a real possibility that the SAS will not be ready for use until 2014. After all, we are talking about the structural integrity of the state’s most traversed bridge, and at a cost of $6.4 billion, the largest public works project in California history.

Continue Reading

Demise of the “de minimis” exception to prevailing wage requirements?

Posted in Legislation, Prevailing Wages

The legislature is considering adopting a statute that would require workers on private projects to be paid prevailing wage if public subsidies exceed the lesser of $10,000 or 1% of the project cost.  This would effectively eliminate the de minimis exception and likely change the landscape for public subsidies on private projects.

Continue Reading

Amazing photographs of Transbay Terminal construction

Posted in Infrastructure News

Curbed San Francisco posted an article yesterday with a number of great photographs of the construction work in progress on the Transbay Terminal in San Francisco.  I have not seen images this detailed before, and they are fascinating.  Apparently, the web of steel crossbeams are temporary supports.  It is worth a look, click here.

Interesting article on “accelerated bridge construction”

Posted in Alternative Project Delivery Methods

This New York Times article describes a relatively new "accelerated bridge construction" technique using a self-propelled modular transport to lift a bridge into place.  The article focuses on the River Street Bridge in Boston, but the technique is being used increasingly around the country.  When done correctly, the bridge is lowered in place "like a lid fitting onto a box."  The primary benefit of this technique is the incredible increase in speed of project completion, shaving months or even yeras off of a project.   Click here to read the article.

New law caps retention on public works projects at 5%

Posted in Retention

On October 9, 2011, Governor Brown signed SB 293 in to law.  SB 293 addressed a variety of issues in public works related statutes, including prompt payment periods between a prime contractor and subcontractor, procedures for filing 20-day preliminary notices, and procedures for making claims on payment bonds.  Most noteworthy, however, is the adoption of a new Public Contract Code section 7201 which caps retention of progress payment for all public works projects at 5%.  

Continue Reading

Appellate court clears way for Presidio Parkway Project to move forward as a Public-Private Partnership

Posted in Public-private partnerships, Uncategorized

On August 8, 2011, the 1st District Court of Appeal broke new ground when it published a decision holding that Phase 2 of the Presidio Parkway project can move forward as a public-private partnership (P3). The Presidio Parkway Project is the first project to reach award under California’s new public-private partnership statute, Streets and Highways Code section 143. The project was challenged on three separate grounds by the Professional Engineers in California Government (PECG), an engineers’ union. The Court of Appeal affirmed the trial court’s ruling approving the California Department of Transportation’s (Caltrans) use of the new statute, and should encourage the consideration of P3s as a project delivery method in California.

Continue Reading

Ninth Circuit decision makes it harder to bring a Federal False Claims Act case

Posted in False Claims Act

On March 24, 2011 the Ninth Circuit Court of Appeals made it more difficult to bring a complaint claiming a violation of the Federal False Claims Act (FCA). The Court held that FCA complaints must not only “state with particularity the circumstances constituting fraud or mistake” (under Federal Rule of Civil Procedure 9(b)), but must “also plead plausible allegations” (under Federal Rule of Civil Procedure 8(a). In Mary Angela Cafasso v. General Dynamics C4 Systems, Inc. (March 24, 2011) 11 C.D.O.S. 3557 the Court upheld the dismissal of the plaintiffs’ False Claims Act complaint before trial because, although the “complaint alleges unsavory conduct … unsavory conduct is not, without more, actionable under the [False Claims Act].”

Continue Reading

Design-build gaining traction in the public sector

Posted in Design-Build

The use of design-build in the public sector appears to be growing.  As more public agencies achieve positive results with this project delivery method, the legislature appears to be more comfortable with expanding the statutory authority.  My colleague, Lisa Dal Gallo, and I recently co-authored an article about this trend as well as the many benefits of design-build.  Click here for a copy of the article.

 

Doyle Drive project sued for impermissible use of P3 authority

Posted in Public-private partnerships, Uncategorized

The Professional Engineers in California Government, the union representing state engineers, has filed suit to stop the project to replace Doyle Drive, the 1.6 mile highway that connects the Golden Gate Bridge with the City of San Francisco. The lawsuit alleges that the project impermissibly uses a Private Public Partnership (P3) contrary to the State law authorizing the project. Instead, the engineers union asserts that the project should be awarded to the lowest bidder pursuant to a traditional design-bid-build process, with the design component being performed by State engineers.  Under the current arrangement, Hochtief Concessions and Meridiam Infrastructure will design, construct, operate and maintain the road.
Continue Reading