Capital Project Strategies, LLC

Mike Loulakis has more than 30 years of experience in representing parties engaged in all aspects of the construction industry. Before starting Capital Project Strategies, Mike served as chairman and president of the national construction law firm of Wickwire Gavin, P.C., where he represented clients in matters involving procurement, risk management, contract drafting and dispute resolution. He is well-known for his extensive background on design-build and other alternative project delivery systems, and has been one of the industry’s most active writers and speakers on the subjects. Mike has been lead counsel on some of the country’s most complex public sector design-build projects and public-private partnership programs, where he has helped agencies formulate effective project delivery, procurement, and contracting strategies. He has particular expertise on large transportation, water, and tunneling projects. He has also represented contractors, design professionals and others on construction business counseling, teaming, contracting, and conflict resolution, often serving as their outside general counsel for construction matters.

In addition to his public sector work, Mike has extensive experience in the representation of private sector owners on domestic and international capital projects in the power generation (coal-fired, gas-fired, and hydroelectric), petrochemical, and process industries. His role includes strategic assistance on EPC and EPCm procurement, risk allocation, contracting, and conflict resolution, and he has worked on projects in over 10 countries. Given his background, Mike is frequently asked to serve as a neutral in arbitrations, mediations and DRBs, and as a peer reviewer of contracting practices and claims management. He is also involved in several national research projects for design-build and P3 best practices funded by FHWA and the TRB.

Mike holds a civil engineering degree from Tufts University and a law degree from Boston University School of Law. He is widely published and has been ranked since 2004 in Chambers USA as one of the country’s best construction lawyers.

Representing the Metropolitan Washington Airports Authority (MWAA) on its $5 billion Dulles Metrorail (Metro Silver Line) project. Services include assessing project delivery options, drafting and negotiating the Phase 1 design-build contract, creating project control specifications, developing risk mitigation strategies, and interfacing with other project participants.
Representing the Southern Nevada Water Authority on its $500 million Lake Mead Intake No. 3 design-build project. The project includes an intake shaft and a three-plus mile intake tunnel beneath the lake, with unique tunnel boring conditions. Services include the development of all procurement and contracting documents, strategic advice on selection criteria and risk assessment, and strategic advice on claims and conflicts.
Representing DC Water on its $1.8 billion Clean Rivers program and $400 million Biosolids program. Services include assisting the project team in identifying the best delivery options and procurement approaches for the various components of the projects, including three major tunnels, and serving as a resource in the review and drafting of the procurement and contracting documents.
Representing Virginia DOT on its Downtown Tunnel/Midtown Tunnel PPP project, which involves the renovation of an existing tunnel and the construction of a new immersed tube tunnel under the Elizabeth River in the cities of Portsmouth and Norfolk. Services include assisting VDOT in the commercial negotiation of the concession agreement and assessing project risk.
Representing Metro Wastewater Reclamation District (Denver, CO) on its $300 million Northern Treatment Plant project. Services include assisting the District in alternative delivery assessments, procurement, contracting and risk strategies, and developing a progressive design-build contract for the project.
Represented Houston Metro Transit Authority on its $1.5 billion, 11 mile University Line light rail project. Services included assisting the project team in evaluating project delivery and procurement strategies.
Represented Santa Clara Valley Transportation Authority (VTA) on its $1 billion design-buil BART extension to San Jose. Services included assisting the project team in evaluating project delivery and procurement strategies.
Retained by Washington State DOT to provide risk assessment services on its Alaskan Way Viaduct replacement project.

Representing a major underground mining machinery company in evaluating procurement and project management practices for its capital programs.
Representation of the developer on a 70 MW biomass project in Berlin, New Hampshire. Services include negotiating the EPC contract.
Representation of EQUATE (a joint venture of Dow Chemical and PIC) on a multi-billion dollar petrochemical project in Kuwait, delivered through multiple-prime EPC contracts. Services included counseling the project team on procurement, contracting, and risk management, as well as specific delay and disruption claims.
Representation of several owners in the petrochemical industry on international CAPEX strategies for contracting, procurement, and contract execution.
Representation of several international independent power producers in risk analysis, drafting EPC contracts, and assisting in the prosecution and defense of claims. Representative projects include facilities in China, Mexico, Nepal, and the United States.

Books
Design-Build Lessons Learned, AEC Training Technologies, 1995 to present (annual publication), author.
Construction Business Formbook, Aspen Publishers, Inc., 2003, co-editor.
Design-Build for the Public Sector, Aspen Publishers, Inc., 2003, editor.
Design-Build: Planning Through Development, McGraw-Hill, 2001, co-author.
Design-Build Contracting Handbook, 2nd Edition, Aspen Publishers, Inc., 2001, co-editor.
Project Delivery Systems: Evaluating the Owner’s Alternatives (CD-ROM), A/E/C Training Technologies, 1999, author, producer and developer.
Design-Build Contracting Guide, Design-Build Institute of America, November 1997, author.
Construction Management: Law and Practice, Wiley Law Publications, 1995, co-author.

Other Publications
“The Law,” monthly column in Civil Engineering Magazine, American Society of Civil Engineers, 1981 to present, co-author.

“Legal Concerns After a Failure,” Ch. 5, Forensic Structural Engineering Handbook, McGraw-Hill, 2000 (rev. 2009), author.

“Design-Build Delivery for the Water and Wastewater Industry,” Construction Briefings, West Publishing, Part I, Nov. 2003; Part II, Dec. 2003; co-author.
“Power Generation Projects: Structuring the Design and Construction Process to Meet the Developer’s Goals,” Getting It Right: How to Structure Complex Projects to Allocate Risks and Minimize Disputes, American Bar Association Forum on the Construction Industry, 2001, author.
“Creatively Avoiding and Resolving Design-Build Disputes,” Ch. 10, Design-Build: Risks and Litigation, Aspen Publishers, 1999, co-author.
“Claims and Disputes,” Ch. 2, Construction Controller's Manual, Warren, Gorham & Lamont, 1998, author.
“Trends in A/E and CM Liability for Jobsite Safety,” Construction Briefings, West Publishing, September 1997, author.
“Differing Site Conditions,” Ch. 11, Construction Claims Deskbook, Wiley Law Publications, 1996, co-author.

Nationally recognized speaker before various state and federal agencies (transportation, defense, corrections), as well as the Design-Build Institute of America (DBIA), International Risk Management Institute (IRMI), and other trade and professional associations on a variety of topics affecting the construction industry. Subjects have included risk allocation and management; innovative project delivery; public sector procurement issues; construction contract administration; contract claims and defense of claims; and alternative dispute resolution. Adjunct Professor, George Mason University Graduate Engineering course.

Michael C. Loulakis, Esq., DBIA