Construction

Light Rail Development: The Kaplan Kirsch team prepared the suite of construction and development agreements related to development at a Denver light rail station – including the owner’s representative, architect and design-build construction contract – and the associated request for proposal for design-build services. The project involved significant coordination with the local transit agency.

New York MTA Construction & Development (MTA C&D): We advised MTA C&D across its alternative project delivery program as part of its capital program. Our work included form standardization (RFPs, RFQs, contracts), input on general provisions used for design-bid-build and design-build contracting, advice on task order contracting, and involvement in the adaptation of technical specifications to the needs of different construction projects.

Denver Convention Center Hotel: We drafted and negotiated the guaranteed maximum price, “all risk” program management contract and the owners’ representative agreement for the 1,100 room Denver Convention Center Hotel (Hyatt Regency at Colorado Convention Center). We advised the client regarding approval of the architect and general contractor agreements as well as the furniture, fixtures and equipment contractor’s agreement held by the program manager. Additionally, we counseled the client in negotiation of the associated bond indenture provisions, surety bonds, insurance program, the technical services agreement for construction support and the hotel operating agreement with the hotel manager.

Stapleton International Airport Redevelopment: The firm represented the master redeveloper of the former Stapleton International Airport property. We negotiated the construction manager and engineering design agreements, as well as prepared the form request for bid and trade contract used by the development manager for the phased construction of more than $700 million of infrastructure supporting the redevelopment, including form riders for construction involving federal funding.

Chicago Transit Authority (CTA): We advised the CTA on a new model design-build contract for the $2.1 billion Red-Purple Line Modernization project to redevelop four stations and improve two lines. The resulting contract was the largest construction contract in CTA history and, to date, has remained largely on-time and on-budget.

New York Airport Authority: We advised a public airport authority in New York state on permissible methods of construction project delivery under state law, including the potential use of alternative project delivery methods across its multi-hundred million dollar capital program.