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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 public-private partnerships (P3s) 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 P3 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

  • City of Los Angeles, Los Angeles World Airports – Landside Access Modernization Program at LAX.  Leader of the legal team advising on a $5 billion program to improve access into and out of the second largest airport in the United States by developing the world’s largest consolidated rental car center (ConRAC), an elevated 2.5-mile automated people mover (APM) system, intermodal transportation facilities and a joint station with LA Metro’s Crenshaw Light Rail Line.  Nossaman is assisting the City in its procurement of multiple contracts for the program, including separate availability payment P3 agreements for the $2.2 billion APM and $1.1 billion ConRAC elements.
  • Denver International Airport – Terminal Improvements.   Co-leader of the legal team advising the City and County of Denver on the Great Hall Project, which involves a complex, multi-faceted upgrade of Denver International Airport’s signature main terminal.  The high profile P3 project – part of a recent group of innovative U.S. airport projects on which Nossaman is advising – will relocate the main security checkpoints to modernize screening for the post-9/11 era.  The project will also improve the terminal’s baggage system to increase capacity and create more space for shops, restaurants and other income-generating concessions.   Mr. Harder’s services include drafting and negotiating the development agreement to be entered into by the City and the winning consortium, led by Madrid-based Ferrovial Airports.
  • University of California Board of Regents – UC Merced 2020 Campus Expansion Project.  Leader of the legal team advising on this high profile project to accommodate growth of the university system’s newest campus from the current 6,700 students to 10,000 students by 2020. The $1.3 billion project, procured as an availability payment-based P3, will add approximately 790,000 assignable 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 P3 availability payment model, the closely watched project is expected to serve as a template for other colleges seeking to expand or rehabilitate their campuses. In August 2016, the project reached commercial and financial close with a Plenary-led consortium featuring Webcor Construction LP as its design-build contractor and Johnson Controls, Inc. as its lead operations and management contractor. Mr. Harder’s services include structuring the procurement and evaluation process, negotiating, drafting and finalizing the contract documents, leading the University’s project team in the performance of activities associated with commercial and financial close, and assisting in the implementation of the awarded contract. Project Finance International named the UC Merced 2020 Project the 2016 "Americas P3 Deal of the Year" and IJ Global honored it as the 2016 "North American Social Infrastructure Deal of the Year."
  • Chesapeake Bay Bridge and Tunnel District – Parallel Thimble Shoal Tunnel.  Co-leader of the legal team advising on the design and construction of a new $756 million tunnel beneath the Thimble Shoal Channel in Virginia’s lower Chesapeake Bay.  The second two-lane tunnel will expand capacity and improve safety for travelers utilizing the Chesapeake Bay Bridge-Tunnel, the sole connection between Delmarva Peninsula and the Hampton Roads area.  In August 2016, the District awarded the design-build contract to a joint venture of Dragados USA, Inc. and Schiavone Construction Co. LLC.  Construction is expected to begin in October 2017.  Mr. Harder advised the District on the procurement and is advising on contract administration. 
  • Florida Department of Transportation – I-4 Ultimate.  Leader of the legal team that advised 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 including Project Finance International’s “Americas Transportation Deal of the Year,” IJ Global’s “North American Transport Deal of the Year,” and Trade Finance magazine’s “Deal of the Year.”
  • Port of Long Beach – Gerald Desmond Bridge.  Lead attorney advising on 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 project 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 P3 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.  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 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, the American Road and Transportation Builders Association 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 that advised 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 – giving travelers a much-needed alternative to congested surface roads.  The world’s largest tunnel boring machine, known as “Bertha,” is just a quarter-mile from completing the 1.7-mile tunnel, and the developer has installed more than 1,150 of 1,426 concrete tunnel rings needed for the project.  In the ninth of its 10 stages, the tunnel is expected to be fully mined in 2017, and the roadway is expected to open to traffic in 2019 after completion of the tunnel’s interior.  Nossaman served as outside counsel to the state transportation agency on a $1.35 billion design-build contract with the developer, 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 that advised on procurement and financing of this innovative P3 which greatly reduced traffic in the Miami region.  The $800 million 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 numerous honors, including The American Road and Transportation Builders Association’s 2007 “Project of the Year;” Project Finance magazine’s “Global Deal of the Year” and “P3 Deal of the Year” and Project Finance International’s “North American P3 Deal of the Year” in 2009; and The Bond Buyer’s “Nontraditional Financing Deal of the Year” in 2010.  In 2015, it won the National Council for Public-Private Partnership’s “Infrastructure Project Award,” and in 2016 it earned a P3 Bulletin “Gold Award” for Best Operational Project.

Awards & Honors

Individual recognition for Projects: PPP - Nationwide, Chambers Global, 2012-2015 and Chambers USA, 2011-2017

Project Finance MVP, Law360, 2014 and 2016

Southern California "Super Lawyer" for Transportation/Maritime Law, Los Angeles magazine, 2014 and 2015

AV Preeminent® Peer Review Rated by Martindale-Hubbell.

Patrick D. Harder
Patrick D. Harder

Practices

Education

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

B.A., Loyola Marymount University, 1983

Admissions

California

Florida

Professional Affiliations

Cornell Program in Infrastructure Policy: Advisory Board

California Transportation Foundation: Advisory Board

International Bridge, Tunnel and Turnpike Association

Design-Build Institute of America

American Bar Association: Member, Forum on the Construction Industry

Awards & Honors

Individual recognition for Projects: PPP - Nationwide, Chambers Global, 2012-2015 and Chambers USA, 2011-2017

Project Finance MVP, Law360, 2014 and 2016

Southern California "Super Lawyer" for Transportation/Maritime Law, Los Angeles magazine, 2014 and 2015

AV Preeminent® Peer Review Rated by Martindale-Hubbell.

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