National Academies Press: OpenBook
Page 1
Suggested Citation:"COVER." National Academies of Sciences, Engineering, and Medicine. 2012. Competition Requirements of the Design/Build, Construction Manager at Risk, and Public-Private Partnership Contracts—Seven Case Studies. Washington, DC: The National Academies Press. doi: 10.17226/14639.
×
Page 1

Below is the uncorrected machine-read text of this chapter, intended to provide our own search engines and external engines with highly rich, chapter-representative searchable text of each book. Because it is UNCORRECTED material, please consider the following text as a useful but insufficient proxy for the authoritative book pages.

The Problem and Its Solution The nation’s 6,000 plus transit agencies need to have access to a program that can provide authoritatively researched, specific, limited-scope studies of legal is- sues and problems having national significance and application to their business. Some transit programs involve legal problems and issues that are not shared with other modes; as, for example, compliance with transit-equipment and operations guidelines, FTA fi- nancing initiatives, private-sector programs, and labor or environmental standards relating to transit opera- tions. Also, much of the information that is needed by transit attorneys to address legal concerns is scattered and fragmented. Consequently, it would be helpful to the transit lawyer to have well-resourced and well- documented reports on specific legal topics available to the transit legal community. The Legal Research Digests (LRDs) are developed to assist transit attorneys in dealing with the myriad of initiatives and problems associated with transit start- up and operations, as well as with day-to-day legal work. The LRDs address such issues as eminent do- main, civil rights, constitutional rights, contracting, environmental concerns, labor, procurement, risk management, security, tort liability, and zoning. The transit legal research, when conducted through the TRB’s legal studies process, either collects primary data that generally are not available elsewhere or per- forms analysis of existing literature. Legal Research Digest 39 TRansiT CoopeRaTive ReseaRCh pRogRam sponsored by the Federal Transit administration January 2012 TRanspoRTaTion ReseaRCh BoaRD OF THE NATIONAL ACADEMIES ComPeTITIon RequIRemenTS of The DeSIgn/BuIlD, ConSTRuCTIon manageR aT RISk, anD PuBlIC-PRIvaTe PaRTneRShIP ConTRaCTS— Seven CaSe STuDIeS This report was prepared under TCRp project J-5, “Legal aspects of Transit and intermodal Transportation programs,” for which the Transportation Research Board is the agency coordinating the research. The report was prepared by anthony D. songer, ph.D., Boise state University; michael J. garvin, ph.D., p.e., virginia polytechnic institute and state University; and michael C. Loulakis, esq., Capital project strategies, LLC. James B. mcDaniel, TRB Counsel for Legal Research projects, was the principal investigator and content editor. Responsible Senior Program officer: gwen Chisholm Smith application In the recent past, the primary practice of procurement of- ficials for major transportation construction projects has been to follow the design-bid-build methodology. How- ever, increasingly this method is being criticized as restric- tive of public owner flexibility in aligning the procurement process to achieve the best value for locally funded proj- ects. In response to this problem, states and local govern- ments are engaging in procurement methods that place more financial risks and liability on the contractor in the preconstruction planning process, construction manage- ment, and operational aspects of construction projects. Government procurement officers are, however, more and more resorting to alternative delivery meth- ods as a means to greater efficiency while ensuring good outcomes and value in products. This report ex- plores the use of varying systems, including design- build, construction management at risk, and a variety of options considered public-private partnerships, through the examination of seven separate construc- tion projects in various parts of the United States. This examination of the seven selected projects shows how particular, and often unique, problems were met in each project by utilizing a wide variety of procure- ment and delivery methods. The results were success- ful to varying degrees; however, the intent of this re- port is not to suggest the use of one type of delivery method over another, but to demonstrate the wide va- riety of systems and procurement methods that may be available, especially as states and localities broad- en their legislative authority to enter into contracts and private-public agreements.

Next: CONTENTS »
Competition Requirements of the Design/Build, Construction Manager at Risk, and Public-Private Partnership Contracts—Seven Case Studies Get This Book
×
MyNAP members save 10% online.
Login or Register to save!
Download Free PDF

TRB’s Transit Cooperative Research Program (TCRP) Legal Research Digest 39: Competition Requirements of the Design/Build, Construction Manager at Risk, and Public-Private Partnership Contracts—Seven Case Studies explores the use of various project delivery methods, including design-build, construction management at risk, and a number of options considered public-private partnerships, through the examination of seven separate construction projects in various parts of the United States.

The examinations of the seven selected projects are designed to show how particular, and often unique, problems were addressed in each project by utilizing a wide variety of procurement and delivery methods.

  1. ×

    Welcome to OpenBook!

    You're looking at OpenBook, NAP.edu's online reading room since 1999. Based on feedback from you, our users, we've made some improvements that make it easier than ever to read thousands of publications on our website.

    Do you want to take a quick tour of the OpenBook's features?

    No Thanks Take a Tour »
  2. ×

    Show this book's table of contents, where you can jump to any chapter by name.

    « Back Next »
  3. ×

    ...or use these buttons to go back to the previous chapter or skip to the next one.

    « Back Next »
  4. ×

    Jump up to the previous page or down to the next one. Also, you can type in a page number and press Enter to go directly to that page in the book.

    « Back Next »
  5. ×

    To search the entire text of this book, type in your search term here and press Enter.

    « Back Next »
  6. ×

    Share a link to this book page on your preferred social network or via email.

    « Back Next »
  7. ×

    View our suggested citation for this chapter.

    « Back Next »
  8. ×

    Ready to take your reading offline? Click here to buy this book in print or download it as a free PDF, if available.

    « Back Next »
Stay Connected!