The future use of Public Private Partnerships (P3) in California took a positive step forward with the recent California Court of Appeal decision in Professional Engineers in California Government v. Department of Transportation (Super Ct. No. RG10544672).

The Professional Engineers in California Government (“PECG”) challenged Caltrans implementation of a P3 project in San Francisco known as the Presidio Parkway Project. PECG claimed that Caltrans violated the Streets and Highway Code section 143 by permitting third party engineers to perform the engineering services for the project in lieu of Caltrans’ employees. In addition, PECG claimed that P3 projects in California must be funded through the use of tolls or user fees as the funding element for a P3 project. The California 1st District Court of Appeal rejected both of these arguments, and in so doing, cleared the way for further use of P3 projects in California. The decision, to the extent California Supreme Court review is not sought, should facilitate the further use of P3 projects in California and may assist public entities such as Caltrans to explore the possibility of securing funding for a project utilizing the P3 model.

Please click HERE to read the full article for additional information. Also, the California Court of Appeal decision can be viewed by clicking HERE for your convenience. If you have any questions, please feel free to contact me, or alternatively, James Chantland, or any Morris Polich & Purdy LLP attorney in the Construction & Design Practice Group.

Sincerely,

D. Creighton Sebra
Attorney at Law
Morris Polich & Purdy LLP
213.417.5380
csebra@mpplaw.com

You received this email because you are a member of the Construction and Design Group Email Alert distribution list.

If at any point you no longer wish to receive this alert, please reply to this email with "Unsubscribe" in the email subject line.

Should you wish to add others to the distribution, please email their name, position, company and email address to us, and we will add them to the distribution list.

MPP Construction and Design Group
Morris Polich & Purdy LLP
1055 West Seventh Street
Twenty Fourth Floor
Los Angeles, CA 90017
Tel: 213.891.9100
www.mpplaw.com

-------------------------------------------------------

Disclaimer: This email is designed to provide information in regard to the subject matter and is made available with the understanding that the email does not constitute the rendering of legal advice or other professional services. If legal advice is required, such services should be sought. All rights reserved.

Advertising
© 2011 Morris Polich & Purdy LLP

-------------------------------------------------------