Nossaman LLP

Patrick D. Harder

Partner

T 213.612.7859
F 213.612.7801
777 South Figueroa Street, 34th Floor
Los Angeles, CA 90017

Patrick D. Harder, chair of Nossaman's Infrastructure Practice Group, is widely known for leadership in the field of PPPs and other innovative project delivery methods such as design-build and construction manager at-risk.  Public agencies actively seek his guidance in procuring some of the largest, most important projects in the country.

Clients have confidence that Mr. Harder can mitigate risks, solve problems and advance their projects smoothly and successfully – often through cutting-edge approaches.  In fact, while working with the State of Florida and its advisors, he helped create a model for the use of availability payment PPP structures that laid the groundwork for such transactions across the United States.  He is Chambers-rated nationally and globally in the field of P3s and AV Preeminent® Peer Review Rated by Martindale-Hubbell.

Mr. Harder's deep private sector background broadens his perspective in assisting public clients.  Before joining the Firm, he served as general counsel and executive manager for two of the world's largest construction and engineering firms, both based in Japan.  He also worked as legal and business advisor on dozens of public and private construction and infrastructure projects around the world including the Petronas Towers in Kuala Lumpur, Malaysia – two of the world's tallest buildings.

Representative Work

  • University of California Board of Regents – UC Merced 2020 Campus Expansion Project.  Leader of the team advising on procurement of a project to accommodate growth of the university system's newest campus from the current 6,200 students to 10,000 students by 2020.  The DBFOM project will create up to 1.85 million square feet of new facilities including student housing, administrative and research space, classrooms and recreational centers and associated infrastructure.  As the first university campus expansion in the United States to be undertaken using the PPP availability payment model, the closely watched project is expected to serve as a template for other college campuses looking to upgrade through the innovative method.  The Board of Regents announced a shortlist of three proposers in January 2015.  Mr. Harder's services include structuring the procurement, drafting and finalizing associated documents, and developing the evaluation process.
  • Florida Department of Transportation – I-4 Ultimate.  Leader of the team advising on development and negotiation of contract and procurement documents for this innovative highway improvement.  The $2.3 billion project, which will rebuild and widen 21 miles across Orange and Seminole Counties, is the largest availability payment transaction ever undertaken in the United States.  As part of a 40-year DBFOM agreement with a Skanska/John Laing consortium, I-4 Ultimate will rebuild 15 major interchanges, add 56 new bridges, replace 71 bridges and build four tolled express lanes.  Financing for the project, which achieved commercial and financial close in September 2014, included a $949 million TIFIA loan – the largest sum ever secured through the federal lending program.  Construction began in February 2015 and completion is anticipated in 2021.  I-4 earned several awards in 2014: Project Finance International named it "Americas Transportation Deal of the Year," IJ Global honored it as "North American Transport Deal of the Year," and Trade Finance magazine highlighted it as "Deal of the Year."
  • Port of Long Beach – Gerald Desmond Bridge.  Lead attorney advising on procurement of a new 1.5-mile bridge to serve one of the world's largest and busiest container ports.  With towers rising more than 500 feet into the air and a roadway standing 200 feet over the water, the $1.3 billion span is the first cable-stayed bridge for vehicles ever built in California.  The structure, which will feature six traffic lanes and separate bicycle paths and pedestrian walkways, is one of 10 projects authorized under California's PPP Design-Build Demonstration Program.  In 2012, the Port entered into a $649.5 million agreement with a Shimmick/FCC/Impregilo venture – the single largest contract ever awarded by the Port. Project financing included $675 million in federal money and a $325 million TIFIA loan.  Mr. Harder advised on procurement and contract documents and negotiations and is now helping to implement the agreement during construction.
  • Florida Department of Transportation – I-595 Corridor Improvements.  Lead attorney advising on procurement of this $1.8 billion P3 aimed at alleviating congestion on the main east-west traffic corridor in Fort Lauderdale.  Redevelopment involved resurfacing 10.5 miles of mainline, building additional lanes, and adding three reversible lanes in the median to maximize traffic flow.  The 35-year DBFOM concession, awarded to a team led by ACS Infrastructure Development, reached financial close in March 2009, making it the first in the U.S. transportation sector to use an availability payment compensation scheme.  Project financing included a $781 million bank loan, $603 million from TIFIA, and $208 million in private equity.  Mr. Harder led the legal team advising on procurement and contract documents and the financing structure.  With construction finishing on schedule in spring 2014, he is now advising on contract issues during the operations phase.  In 2009, ARTBA named the I-595 upgrade "Project of the Year," and Project Finance magazine honored it as "North American Transport Deal of the Year."
  • Washington State Department of Transportation – Alaskan Way Viaduct Replacement.  Key member of the legal team advising on this project to replace the 60-year-old Alaskan Way Viaduct with the world's largest-diameter (57 feet) bored tunnel.  The two-mile waterfront tunnel through downtown Seattle will incorporate a double-decked roadway with incoming and outgoing traffic on different levels.  Nossaman served as outside counsel to the state transportation agency on a $1.35 billion design-build contract with a Dragados/Tutor Perini joint venture.  Mr. Harder assisted with risk allocation and drafting procurement and contract documents.
  • Florida Department of Transportation – Port of Miami Tunnel.  Lead attorney advising on procurement and financing of this innovative PPP which greatly reduced traffic in the Miami region.  The $1.5 billion project, which opened in August 2014, included construction of twin 42-foot tunnels under Biscayne Bay, linking Port facilities on Dodge Island with MacArthur Causeway and I-395 and adding capacity in each direction.  The transportation agency's 35-year concession agreement with a Meridiam/Bouygues joint venture marked only the second availability payment contract in the United States.  Project financing included a $340 million TIFIA loan, $342 million in bank debt, and $80 million in equity.  Mr. Harder assisted with risk allocation and drafting procurement and contract documents.  The project captured several honors: In 2015, the National Council for Public-Private Partnerships gave it the "Infrastructure Project Award," and ARTBA distinguished it with a "Globe Award."  In 2010, The Bond Buyer honored the Port of Miami Tunnel as "Nontraditional Financing Deal of the Year."  In 2009, Project Finance magazine selected it as "Global Deal of the Year" and "PPP Deal of the Year," and Project Finance International awarded it "North American PPP Deal of the Year." ARTBA named it "Project of the Year" in 2007.

Awards & Honors

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Chosen for individual recognition for Projects: PPP - Nationwide by Chambers Global 2012-2015 and Chambers USA, 2011-2015.

Named a Project Finance MVP by Law360, 2014

Named a Southern California "Super Lawyer" for Transportation/Maritime in 2014 and 2015 by Los Angeles magazine

AV Preeminent® Peer Review Rated by Martindale-Hubbell.

Bio Photo
Bio Photo

Practices

Education

J.D., University of California, Los Angeles School of Law, 1986

B.A., Loyola Marymount University, 1983

Admissions

California

Florida

Professional Affiliations

International Bridge, Tunnel and Turnpike Association

Design-Build Institute of America

American Bar Association: Member, Forum on the Construction Industry

Awards & Honors

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Chosen for individual recognition for Projects: PPP - Nationwide by Chambers Global 2012-2015 and Chambers USA, 2011-2015.

Named a Project Finance MVP by Law360, 2014

Named a Southern California "Super Lawyer" for Transportation/Maritime in 2014 and 2015 by Los Angeles magazine

AV Preeminent® Peer Review Rated by Martindale-Hubbell.

     
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