Mike Loulakis advises public and private sector owners on their
project delivery, procurement, and contracting strategies, particularly when
their projects are delivered though design-build, EPC, and EPCm. Mike’s public
sector work concentrates on transportation (e.g., road, bridges, rail, and
airport), water/wastewater, and tunneling projects. His private sector work
concentrates heavily on domestic and international power generation (e.g.,
coal-fired, gas-fired, biomass, and hydroelectric), petrochemical, and process
projects. Mike’s services typically include: (a)
providing strategic assistance on project delivery, contract packaging, and
procurement approaches; (b) drafting and negotiating contracts; and (c) helping
to resolve problems arising during project execution. He also frequently serves as
a third party neutral (e.g., mediator, arbitrator, and DRB member).
Mike has a history of
contributing to the advancement of the construction industry. He has authored
the monthly legal column in Civil Engineering magazine since 1982.
He is one of the industry’s most prolific writers and speakers on the subject
of design-build and has been a lead or co-lead investigator on several national
design-build research projects sponsored by the Transportation Research Board
and the National Academy of Sciences. An active member of the Design-Build
Institute of America (DBIA) since its formation in 1993, Mike served on its
Board of Directors and co-authored its standard form contracts and Design-Build Done Right: Best Design-Build Practices publication. He also served on the Board of Directors of the Water Collaborative Delivery Association.
Mike lectures at engineering schools around the country and is an Adjunct Professor in the
Department of Civil, Environmental & Infrastructure Engineering at George
Mason University. Mike holds a civil engineering degree from Tufts University
and a law degree from Boston University School of Law. He has been ranked since
2004 in Chambers USA as one of the country’s best construction lawyers. In recognition of his contributions
to the construction industry, Mike was awarded DBIA’s 2013 Brunelleschi Lifetime
Achievement Award, and inducted into both the American College of Construction
Lawyers and National Academy of Construction.
RECOGNITION
- Fellow, American College of Construction Lawyers
- Fellow, Design-Build Institute of America (DBIA)
- Elected Member, National Academy of Construction
- Recipient of the 2013 DBIA Brunelleschi Lifetime Achievement Award
- Recipient of the International Risk Management Institute, Inc. (IRMI) Words of Wisdom (WOW) Award
- Chambers USA, currently ranked as "Senior Statesperson" (Construction - USA- Nationwide)
REPRESENTATIVE EXPERIENCE
Public Sector Transportation
- Advising Virginia
DOT on its statewide design-build and P3 programs since 2005. Services include
assisting VDOT with procurement and contracting policies, training of its
personnel, conducting risk workshops, and advising project teams on contract
execution issues. Projects include Hampton Roads Bridge Tunnel, High Rise
Bridge, Transform I-66, Elizabeth River Tunnels, and 495 Express
Lanes.
- Advising Montgomery County, Maryland, in the procurement and implementation of its Maryland 355 Flash Bus Rapid Transit project, which is being delivered through progressive design-build.
- Advised Santa Clara Valley Transportation Authority (VTA) on the procurement
and implementation of the BART Silicon Valley Phase II Extension project.
Services included assisting in the development of the contract and procurement
documents for the rail, tunnel, and systems contracts, which are being delivered
through a progressive design-build process.
- Advised Maryland DOT State Highway Administration on the procurement and implementation of its I-495 and I-270 P3 program. Services included performing risk assessments and conducting risk workshops.
- Advised the
Metropolitan Washington Airports Authority on the Silver Line (Dulles Corridor
Metrorail) Project, a 23-mile extension to the WMATA rail system from West Falls
Church to Loudoun County, Virginia. Services included assessing project delivery
options, drafting the design-build procurement and contract documents, and
assisting in resolution of project execution issues.
- Advised the New York/New Jersey Port Authority
(PA) in implementing its design-build program, including several major projects
at Newark Airport. Project-specific assistance included advice and deliverables
associated with project delivery, risk management, procurement, and commercial
contracting issues.
Public Sector Water and Wastewater
- Advising DC Water since 2008 on its capital program, including the Clean Rivers Project (which includes five bored tunnels) and its biosolids program (which was the first North American facility to use the advanced Cambi thermal hydrolysis treatment process). Services include providing procurement and commercial advice on projects delivered through design-build (traditional and progressive) and CMAR, as well as drafting associated contract documents.
- Advising AlexRenew in the procurement and contracting of its RiverRenew program and its overall capital program. Services include assisting the project team on the use of design-build for the program's bored tunnel and drafting the associated contracts and procurement documents.
- Advising La Virgenes-Triunfo Joint Powers Authority in the procurement and contracting of its Pure Water Program, which is being delivered through a progressive design-build process. Services include drafting the associated contract documents.
- Advised the City of Kansas City, Missouri, in the design-build procurement and contracting of the Blue River Biosolid Facility project, which is using the advanced Cambi thermal hydrolysis treatment process.
- Advised the City of Houston, Texas, on its $1.8 billion Northeast Water Purification Plant Expansion project, which was delivered through a progressive design-build process. Services included advising on project delivery, procurement, and contracting strategies, as well as assisting on project execution issues.
- Advising various water and wastewater authorities around the country on their new projects delivered through design-build (traditional and progressive) and CMAR. Services include advising the agencies on delivery options, modifying procurement legislation to implement programs, drafting RFQ/RFP and contract documents, and serving as technical advisor on evaluation committees.
Private Sector
- Advising private sector owners (healthcare, mission critical, and education) on specific projects being delivered through design-build.
- Advised Sadara
Chemical (a joint venture of Dow Chemical and Aramco) on a multi-billion
petrochemical program in Saudi Arabia delivered through multiple-prime EPC
contracts.
- Represented several major petrochemical and
power producers in drafting and negotiating their EPC and EPCm contracts, as
well as procurement, contracting, and project execution strategies.
PUBLICATIONS
Transportation Research
"Guidebook for Implementing
Alternative Technical Concepts in All Types of Highway Project Delivery
Methods," NCHRP Research Report 937 (2020), National Academies of Sciences,
Engineering, and Medicine, The National Academies Press, co-principal
investigator.
"Guidelines for Managing
Geotechnical Risks in Design-Build Projects," NCHRP Research Report 884 (2018),
National Academies of
Sciences, Engineering, and Medicine, The National Academies Press, co-principal
investigator.
“Liability of
Design-Builders for Design, Construction, and Acquisition Claims,” Legal
Research Digest 68 (December 2015), TRB National Cooperative Highway
Research Program, co-lead investigator.
“Alliance
Contracting—Evolving Alternative Project Delivery,” NCHRP Synthesis 466
(2015), TRB National Cooperative Highway Research Program, co-lead
investigator.
“Indefinite
Delivery/Indefinite Quantity Contracting Practices,” NCHRP Synthesis 473 (2015), TRB National Cooperative Highway Research Program, co-lead
investigator.
“Alternative Technical
Concepts for Contract Delivery Methods,” NCHRP Synthesis 455 (2014),
Transportation Research Board, co-lead investigator.
“Strategies for
Implementing Performance Specifications: Guide for Executives and Project
Managers,” SHRP 2 Report S2-R07-RR-2 (2014), Transportation Research
Board, co-lead investigator.
“Legal Aspects for
Performance-Based Specifications for Highway Construction and Maintenance
Contracts,” Legal Research Digest 61 (July 2013), TRB National
Cooperative Highway Research Program, lead investigator.
“Legal Issues Involving
Surety for Public Transportation Projects,” Legal Research Digest 40 (July 2012), Transit Cooperative Research Program, lead investigator. (Awarded John C. Vance Award, recognizing
author(s) of an outstanding paper published by TRB that advances the study,
understanding, and implementation of transportation law)
“Competition Requirements
of the Design/Build, Construction Manager at Risk, and Public-Private
Partnership Contracts – Seven Case Studies,” Legal Research Digest 39 (January 2012), Transit Cooperative Research Program, co-lead
investigator.
“Geotechnical Information
Practices in Design-Build Projects,” NCHRP Synthesis 429 (2012),
co-lead investigator.
“Expedited Procurement
Procedures for Emergency Construction Services,” NCHRP Synthesis 43-11
(2012), co-lead investigator.
Major Industry Publications
The Engineer's Project
Delivery Method Primer, ASCE Press, 2022, co-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.
Design-Build Lessons Learned, AEC Training
Technologies, annually, 1995 to 2004, author.
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.
"Distinctive Features of
Construction Arbitration," Ch. 1, Construction Arbitration - The Advocate's
Practical Guide, ABA Forum on Construction Law (2023), author.
"An Introductioni to
Public-Private Partnerships in the United States," Journal of the American
College of Construction Lawyers (2022), author.
“The Law,” monthly column in Civil Engineering Magazine, American Society of Civil Engineers, 1981
to present, co-author.
"Geotechnical Risk Allocation on
Design-Build Construction Projects: The Apple Doesn't Fall Far From the Tree,"
Journal of the American College of Construction Lawyers (2017), co-author.
"Alternate Delivery Systems:
Design-Build, Construction Management, and IDIQ Task Order Contracts," Ch. 5, Federal Government Construction Contracts, American Bar Association,
3rd Edition (2017), co-author.
"Dispute Resolution Processes,"
Ch. 24, Design-Build for Water and Wastewater Projects, American Water
Works Association (2012).
"Contracts," Ch. 6, Design
Management Guide, Charles Pankow Foundation (2011), 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.
SPEAKING ENGAGEMENTS
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.
BAR ADMISSIONS
1979, Virginia
1981, District of Columbia
1990, Maryland
PROFESSIONAL MEMBERSHIPS AND ACTIVITIES
- Design-Build Institute of America: Member of Board of Directors (1995-2003); Chairman of Manual of Practice Subcommittee (1997-2001). One of the primary drafters of DBIA's family of contract documents, Design-Build Done Right: Best Design-Build Practices (2014), and DBIA's certification courses and exams.
- Virginia Bar Association
- American Arbitration Association’s Panel of Construction Arbitrators
- American Society of Civil Engineers (ASCE) (life member)
PROFESSIONAL AFFILLIATIONS
- A/E/C Training Technologies, LLC, Founder and President
- Capital Project Law Group, PLLC, President
- Trident Partners, LLC (Member)
PROFESSIONAL HISTORY
- Akerman Senterfitt Wickwire Gavin, P.C., Shareholder (2006-2007)
- Wickwire Gavin, P.C. (1979-2006), Shareholder (1984-2006); President and Chairman (1995-2006)
- GEI Consultants, Inc. (1975-1976)
EDUCATION
- J.D., Boston University School of Law, 1979
- B.S.C.E., magna cum laude, Tufts University, Tau Beta Pi, 1976
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