In addition to having substantial experience with transportation, water, wastewater, airport, university and school construction projects, Alston & Bird lawyers have substantial public works experience on a wide variety of other public projects, frequently assisting clients with procurement-related issues, bid protests, contract drafting and negotiation, project counseling and construction claims relating to all types of public projects. Set forth below is a representative list of these matters.
Bid Protests
Successfully represented a low-bid, prime steel fabrication/erection contractor in the defense of a bid protest relating to the award of a $30 million contract for the construction of Los Angeles Convention Center.
Represented a bidder following an agency’s rejection of a proposer’s good faith outreach efforts in connection with a proposal for a $35 million design, build, operate, maintain and finance project to make beneficial use of waste gas from a municipal wastewater treatment plant.
Successfully protested an award in connection with the construction of a $62 million detention center facility.
Represented the losing bidder in a bid protest over a major toll road project in Georgia.
Represented a bidder in a protest arising from the award of a contract for installation of a 60’’ water trunk line project.
Represented a low bidder in defense of a protest relating to compliance with the California Subletting and Subcontracting Fair Practices Act.
Represented a supplier of diesel bus engines in connection with the protest of an award of a contract for replacement engines for a municipal bus fleet.
Represented a general contractor in a protest to an airport authority for the soundproofing of area residences. Successfully secured an award in favor of the second-lowest bidder because the lowest bidder had gained an unfair advantage by, among other things, submitting a nonresponsive bid that did not list specialty subcontractors as required.
Represented the prime contractor in connection with a bid protest relating to a Veteran Affairs hospital seismic retrofit project in Long Beach, California.
Represented a disappointed bidder in a protest of a contract for sewer construction procured by a major metropolitan city.
Construction Counseling
Represented the state agency responsible for overseeing construction and maintenance of court facilities throughout California.
Following legislative enactment of competitive bidding requirements, drafted a public agency’s procurement policies and procedures for the competitive bidding of construction contracts and solicitation of professional services. Drafted standard design, professional services and construction procurement and contract documents for the water agency’s capital improvement program.
Represented numerous clients in connection with the prosecution of bid protests relating to a variety of Los Angeles city and county construction projects.
Represented a London-based owner in the negotiation of multiple EPC and other contracts for a $400 million tunneling and hydroelectric power project in the Peruvian Andes.
Represented a prime steel fabrication/erection contractor in connection with negotiation and drafting of a construction contract relating to the construction of the Puerto Rico Convention Center. Later counseled the client in connection with a dispute over design responsibility that arose during construction.
Counseled a contractor client with respect to project-related issues during construction of the $8.5 million Coastal Interceptor Relief Sewer project in Los Angeles. Also counseled the client on strategy to convince a public agency to issue a $5 million change order in lieu of requiring the extra work to be bid out.
Represented the trustee for the lenders in surety bond and breach of contract claims involving multiple, military family housing development projects located across the southeastern United States.
Construction Claims
Represented a contractor in disputes involving the construction of a $100 million convention center in Hutchison Island, Georgia.
Representation of a contractor in delay and constructive acceleration claims asserted by mechanical and security subcontractors on a prison constructed for the Georgia Department of Corrections.
Represented an electrical contractor in connection with $2.8 million in claims against the California Department of Corrections arising out of the construction of a prison in northern California.
Represented a prime contractor in prosecuting $1.3 million in claims against Solano Beach arising from a grade separation/sewer relocation project.
Represented an underground contractor in connection with the prosecution of claims arising out of a four-mile sewer project located in Mission Bay in San Diego.
Represented a prime electrical contractor in connection with claims arising out of the construction of the Los Angeles’ “smart traffic” management system.
Represented a contractor on a multimillion-dollar claim arising out of the construction of a forensic laboratory for the Army Corps of Engineers.
Represented a water valve manufacturer in the defense of False Claims Act claims asserted by approximately 100 municipalities alleging that the client’s products failed to meet specified requirements relating to lead content in the valves. This case also involved claims against the client’s liability insurer for defense and indemnity. The firm was able to obtain an summary judgment order from the court that found that the insurer owed the client both a duty to defend and an indemnity obligation under the applicable insurance policies.
Represented a prime contractor in prosecuting claims against the Army Corps of Engineers relating to the construction of a satellite launch facility at Edwards Air Force Base in California.
Prosecuted a claim against the U.S. General Services Administration arising out of construction at a federal courthouse.