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Public Projects Municipalities

Otten Johnson Robinson Neff + Ragonetti PC

Navigating High-Density Development Under HB24-1313: The Transit‑Oriented Development Act

On May 13, 2024, Governor Jared Polis signed House Bill 24-1313 (HB24-1313) into law. This act incentivizes transit-oriented development (TOD) by providing $35 million in grants to transit-oriented communities (TOCs) to help...more

Schwabe, Williamson & Wyatt PC

Washington Expands Change Order Protections to Private Projects

In March 2024, Governor Inslee signed SSB 6192 into law. This amended RCW 39.04.360 to require timely execution of change orders on both public and private construction projects. The amended language, which went into effect...more

Ballard Spahr LLP

Arizona Extends Sunset of Alternative Project Delivery Methods

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In Arizona, municipalities and special taxing districts, such as community facilities districts, are required to use public procurement procedures in connection with the acquisition and construction of public infrastructure....more

Bilzin Sumberg

A Can-Do Approach to P3's

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Fort Lauderdale has reached financial close this year on a new P3 project that is slated to bring a new water treatment plant online by 2026. An article published on Partnerships Bulletin highlighted the “can-do” approach by...more

Bricker Graydon LLP

Ohio Competitive Bidding Thresholds for Certain Public Entities Increased to $75,000 Through 2024, and to Increase 3% Annually

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Effective October 3, 2023, the construction competitive bidding threshold for certain Ohio political subdivisions including libraries, counties, and townships will increase from $50,000 to $75,000 through 2024, and will...more

Miller Canfield

Michigan Court of Appeals Strikes Down Local Ordinance Mandating Contractors Pay Prevailing Wage Rates

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​​​​​​​Can a Michigan municipality require contractors to pay union-level wages when they are awarded government contracts? On December 8, 2022, a 3-0 panel of the Michigan Court of Appeals answered the question in the...more

Pullman & Comley, LLC

Five Tips for Municipalities to Keep in Mind When Embarking on Construction Projects

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Municipalities are some of the largest land developers in the state, accounting for building projects that include everything from schools and stadiums, municipal buildings - such as fire departments or public works...more

Bricker Graydon LLP

Municipal bridge replacement program applications open

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The Ohio Department of Transportation (ODOT) administers Ohio’s Municipal Bridge Program. In April, the state announced a large increase in the annual funding for this program, meaning that the program should have...more

Miller Canfield

Michigan Emergency Services Authorities Authorized to Incur Debt for Capital Projects and Equipment

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On June 15, 2022, Michigan Governor Gretchen Whitmer signed legislation amending Act 57, Public Acts of Michigan, 1988 (“Act 57"), to authorize an emergency services authority, established under Act 57 by municipalities to...more

Hogan Lovells

Veille juridique DROIT PUBLIC / INFRASTRUCTURES du 29 mars 2022

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Établissements publics locaux et projets ferroviaires Offre irrégulière retenue et application de Smirgeomes Erreur manifeste d'appréciation dans l'appréciation d'une OAB Occupation du domaine public, fonds de commerce et...more

Snell & Wilmer

State of Washington Adopts Tax Increment Financing—What Governments and Developers Should Know

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After years of discussion, the State of Washington has finally adopted a comprehensive tax increment financing law permitting local governments to create “increment areas” and use tax increment financing to fund public...more

Smith Anderson

Impact of COVID-19 on Real Estate, Construction and Supply Contracts

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As coronavirus (COVID-19) continues to disrupt lives and businesses, it is important to consider how it may affect your real estate, construction, and supply businesses. Every situation and contract will be different, so it...more

Bricker Graydon LLP

Calling all economic developers: Large TIFs may be eligible for a one-time extension opportunity

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In the fall of 2019, the Ohio General Assembly significantly changed state law governing tax increment financing (TIF) exemptions. For certain TIF projects, local communities can extend the exemptions – and, therefore,...more

Franczek P.C.

Court Decision Reminds School Boards of the Importance of “Sunshine” in Guaranteed Energy Savings and Other Construction Contracts...

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In a recent Illinois Appellate Court decision, a taxpayer unsuccessfully challenged a school district’s guaranteed energy savings contract. School Board members should be aware of this decision because the favorable outcome...more

Benesch

Ohio Supreme Court Upholds Constitutionality of State Statute Prohibiting Local Residency Requirements for Public Construction...

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In a close 4 to 3 decision, the Ohio Supreme Court has affirmed the constitutionality of a state statute enacted in 2016 prohibiting public authorities, including municipalities and school districts, from requiring a certain...more

Troutman Pepper

Pennsylvania’s Exception to the Economic Loss Doctrine Appears Alive and Well: Appellate Court Permits Contractor to Pursue...

Troutman Pepper on

Popple Construction, Inc. v. Reilly Associates, Inc. No. 775-MDA-2017, 2019 BL 213236 (Pa. Sup. Ct., June 10, 2019). On June 10, 2019, the Superior Court of Pennsylvania affirmed a lower court decision to deny a motion to...more

Harris Beach PLLC

New Challenges in Asserting Qualified Immunity in Roadway Design Cases

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The onset of spring weather can mean only one thing: We are heading into prime season for road construction. If you haven’t seen the cones and Jersey barriers yet, you will soon. The new construction season brings with it...more

Perkins Coie

State Minimum Wage Law Applies to Charter Cities

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The Second District Court of Appeal has held that California’s minimum wage law is a matter of statewide concern and hence applies to charter cities as well as general law cities. Marquez v. City of Long Beach, No. B282270...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Public Design-Build Projects in Arkansas (Part Two): Statutory Procurement Authority

Part One of this series focused on the Arkansas Department of Transportation’s (“ARDOT”) first major project using the design-build project delivery method – 30 Crossing. Since then, ARDOT has awarded the 30 Crossing Project...more

Best Best & Krieger LLP

AB 2035: New Tax Increment Financing For Shelters And Affordable Housing - California Lawmakers Continue To Address Housing Crisis

Local affordable housing authorities in California will see their oversight enhanced with the passage of AB 2035, signed Friday by Gov. Jerry Brown....more

Burr & Forman

Slow as a Turtle? “No Damages For Delay” Clause Inapplicable to Contractor’s Claim Against Architect

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When we think of delays on a construction project, the first inquiry is to identify the turtle—the one party holding up progress or causing the delay. Many times, the parties’ contract will dictate whether the contractor can...more

Ward and Smith, P.A.

Developing with Other People's Dollars: Leveraging Public Property for Private Development

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Downtowns across the country are seeing an increase in population and North Carolina is no exception. From 2016-2018, 45% of North Carolina's population growth occurred in its seven largest municipalities. During that...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Water Infrastructure Finance and Innovation Act Program Funding: U.S. Environmental Protection Agency Receives $9.1 Billion in...

The United States Environmental Protection Agency (“EPA”) issued an August 16th news release stating that it had received 62 letters of interest collectively requesting $9.1 billion in loans from prospective borrowers in...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Public-Private Partnerships in Arkansas

At the June Associated General Contractors (AGC) of Arkansas membership luncheon, I had the opportunity to present on public-private partnerships projects (P3s), the statutory authority for infrastructure P3 projects in...more

Troutman Pepper

Void Means Void – Municipal Contract That Did Not Conform To Statute Is Void And No Claim For Breach Or Quasi-Contract Or Unjust...

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Aquatic Renovations Sys. v. Vill. of Walbridge, 2018 Ohio App. Lexis 1581 (April 13, 2018) On May 2, 2012, Aquatic Renovations Systems, Inc. (“Aquatic”) entered into a contract with the Village of Walbridge (“the Village”)...more

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