LEGAL AFFAIRS SECTION
Jan 1, 2008

Alternative Project Delivery Systems: Applications and Legal Limits in Transportation Projects

Publication: Journal of Professional Issues in Engineering Education and Practice
Volume 134, Issue 1

Abstract

This paper presents the results of a comprehensive survey of the legal codes of all the 50 states in the United States regarding alternative project delivery systems in transportation projects. In the past decade there has been a surge of legislation allowing state transportation officials much more flexibility regarding the choice of project delivery systems. These delivery systems are usually selected based on a combination of price and quality. Specific delivery systems studied in this paper are Design-Build, Construction Management at Risk, and Public-Private-Partnership. The background and history of the emergence of these new delivery systems are studied in this paper. The research showed that in many states, alternative delivery systems may be allowed but with specific restrictions. For each state, all of these delivery systems have been researched and placed into one of the following distinguishable categories: (1) fully authorized; (2) authorized but needs extra approvals; (3) authorized for a pilot program and/or with some limitations; (4) not authorized. The output of the survey gives valuable snapshots over the status of each delivery system in regards to its legality in different parts of the country as of December 2006. Comparing the results of this survey with the surveys done previously shows that the trend is to allow states more flexibility in the choice of project delivery systems.

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Acknowledgments

The writers would like to thank the Transit Cooperative Research Program (TCRP) for partial support of this effort.

References

AIA Minnesota. (2006). Understanding project delivery for the design and construction of public buildings, Minneapolis.
Associated General Contractors (AGC). (2004). Project delivery systems for construction, Associated General Contractors of America, Arlington, Va.
Miller, J. B. (2000). Principles of public and private infrastructure delivery, Springer, New York.
Molenaar, K., Songer, A. D., and Barash, M. (1999). “Public-sector design/build evolution and performance.” J. Constr. Eng. Manage., 15(2), 54–62.
Nossaman, Guthner, and Knox & Elliot. (2006). “50 state survey of transportation agency design-build authority.” ⟨http://www.nossaman.com⟩ (December 12, 2006).
Parsons, Brinckerhoff, Quade, & Douglas Inc. (2002). “Design-build practice report.” New York State Department of Transportation, New York.
Walewski, J., and Gibson, E. (2001). “Project delivery methods and contracting approaches available for implementation by Texas department of transportation.” Research Rep. No. 0-2129-1, Texas Dept. of Transportation, Austin, Tex.

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Go to Journal of Professional Issues in Engineering Education and Practice
Journal of Professional Issues in Engineering Education and Practice
Volume 134Issue 1January 2008
Pages: 106 - 111

History

Received: Feb 21, 2007
Accepted: May 23, 2007
Published online: Jan 1, 2008
Published in print: Jan 2008

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Authors

Affiliations

Kamran Ghavamifar
Graduate Assistant, Dept. of Civil and Environmental Engineering, Northeastern Univ., Boston, MA 02090.
Ali Touran, F.ASCE
Associate Professor, Dept. of Civil and Environmental Engineering, Northeastern Univ., Boston, MA 02090.

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