Capital Improvement Project Construction: State and Local Government Toolkit | Practical Law

Capital Improvement Project Construction: State and Local Government Toolkit | Practical Law

A collection of resources providing an overview of commonly recognized project delivery methods used by state and local governments for construction of capital improvement projects, including resources to assist in negotiating and drafting construction contracts. Delivery methods covered include design-build, design-bid-build, construction manager at risk (CMAR) and public private partnerships (PPP or P3).

Capital Improvement Project Construction: State and Local Government Toolkit

Practical Law Toolkit w-001-0653 (Approx. 9 pages)

Capital Improvement Project Construction: State and Local Government Toolkit

by Practical Law Government Practice
MaintainedUSA (National/Federal)
A collection of resources providing an overview of commonly recognized project delivery methods used by state and local governments for construction of capital improvement projects, including resources to assist in negotiating and drafting construction contracts. Delivery methods covered include design-build, design-bid-build, construction manager at risk (CMAR) and public private partnerships (PPP or P3).
State and local governments use a variety of delivery methods for capital improvement projects. While design-bid-build is perhaps the most common, the use of design-build, construction manager at risk (CMAR), and public private partnerships (PPP or P3) are increasingly popular in jurisdictions where their use is authorized by state and local law.
The resources included in this Toolkit will help counsel for state and local governments:
  • Understand each project delivery method, including how to select the right method for any particular project and how to mitigate risk associated with each method.
  • Understand form contracts commonly used in the industry and key differences between them.
  • Understand the impact of specific contract clauses commonly found in construction contracts.
  • Develop contract negotiation strategies.
  • Draft effective construction contracts.
This Toolkit does not address jurisdictional-specific requirements related to procurement or the expenditure of public funds. Government attorneys need to be familiar with these requirements and assure that any construction contracts comply with state and local law. Although the resources included in this Toolkit were written primarily for private-sector counsel, the content is equally useful to government attorneys.

Practice Notes