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Legal Issues Related to Large-Scale Airport Construction Projects (2020)

Chapter: ACRP LEGAL RESEARCH DIGEST 38: LEGAL ISSUES RELATED TO LARGE-SCALE AIRPORT CONSTRUCTION

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Suggested Citation:"ACRP LEGAL RESEARCH DIGEST 38: LEGAL ISSUES RELATED TO LARGE-SCALE AIRPORT CONSTRUCTION." National Academies of Sciences, Engineering, and Medicine. 2020. Legal Issues Related to Large-Scale Airport Construction Projects. Washington, DC: The National Academies Press. doi: 10.17226/25723.
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Background ere are over 4,000 airports in the country and most of these airports are owned by governments. A 2003 sur- vey conducted by Airports Council International–North America concluded that city ownership accounts for 38 percent, followed by regional airports at 25 percent, single county at 17 percent, and multi-jurisdictional at 9 percent. Primary legal services to these airports are, in most cases, provided by municipal, county, and state attorneys. Research reports and summaries produced by the Airport Continuing Legal Studies Project and published as ACRP Legal Research Digests are developed to assist these attorneys seeking to deal with the myriad of legal problems encountered during airport development and operations. Such substantive areas as eminent domain, environmental concerns, leasing, contracting, security, insurance, civil rights, and tort liability present cutting- edge legal issues where research is useful and indeed needed. Airport legal research, when conducted through the TRB’s legal studies process, either collects primary data that usually are not available elsewhere or performs analysis of existing literature. Foreword Design-bid-build has been the traditional project deliv- ery method used by airports, but as the complexity of the airport construction projects has increased, along with the success of alternative delivery methods used in other large-scale transportation projects, airports are now also using a variety of alternative delivery methods. Alternative project delivery methods can provide cost savings, more ecient phasing of design and construc- tion, and more ecient project risk allocation, as well as address lifecycle cost considerations. Large-scale, complex airport construction projects have the same issues as construction projects on a smaller scale, but they present a series of specialized legal issues. e use of alternative delivery methods also have their own set of legal and procurement issues espe- cially for airports as public agencies. e legal issues that this digest will focus on are those causing most signi- cant risks during planning, design, permitting, procure- ment, and construction. is digest addresses the legal issues that airport attorneys and sta working on large-scale, complex air- port construction projects are likely to encounter and the potential options for addressing those issues. Legal Issues Related to Large-Scale Airport Construction Projects This digest was prepared under ACRP Project 11-01, “Legal Aspects of Airport Programs,” for which the Transportation Research Board (TRB) is the agency coordinating the research. Under Topic 10-02, this digest was prepared by Pramen P. Shrestha, University of Nevada, Las Vegas, NV; Brandon J. Davis, Nossaman LLP, Los Angeles, CA; and Ghada M. Gad, California State Polytechnic University, Pomona, CA. The responsible program officer is Marci A. Greenberger. The opinions and conclusions expressed or im- plied in this digest are those of the researchers who performed the research and are not necessarily those of the Transportation Research Board; the National Academies of Sciences, Engineering, and Medicine; or the program sponsors. FEBRUARY 2020 AIRPORT COOPERATIVE RESEARCH PROGRAM ACRP LRD38LEGAL RESEARCH DIGEST

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Large-scale, complex airport construction projects have the same issues as construction projects on a smaller scale, but they present a series of specialized legal issues.

The TRB Airport Cooperative Research Program's ACRP Legal Research Digest 38: Legal Issues Related to Large-Scale Airport Construction Projects focuses on those legal issues causing the most significant risks during planning, design, permitting, procurement, and construction.

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