Nossaman LLP

Brandon J. Davis

Partner

T 213.612.7894
F 213.612.7801
777 South Figueroa Street, 34th Floor
Los Angeles, CA 90017

Brandon Davis focuses his practice on procurement and contract drafting processes for large design-build and public-private partnerships (PPPs) projects.  Among other things, he advises many of the Firm's clients on federal tolling authority and federal aid compliance issues for major transportation projects.

In addition, he has been instrumental in the creation of state design-build and PPP programs (including passage of enabling legislation) in Arizona, California, Florida, Illinois, Nevada and Utah.

In 2014, Mr. Davis was one of only five attorneys nationally to be named a Rising Star by Law360 in the category of project finance.  In addition, from 2009 to 2014, he has been named a Super Lawyers Southern California Rising Star by Los Angeles magazine.

Mr. Davis regularly speaks to professional, government and industry organizations on the finance and delivery of transportation projects through the use of design-build and PPPs.  He also publishes on this subject and contributed his insights on new developments to the Firm's Infra Insight blog.  He speaks Spanish fluently.

Representative Work

  • California High-Speed Rail Authority – California High-Speed Rail.  Key member of the Nossaman team advising the Authority on institutional arrangements, procurement plan, contracting methods and financing options.  The $68 billion California High-Speed Rail project is the first high-speed rail project in North America and among the largest global infrastructure projects ever undertaken.  Nossaman serves as primary outside legal advisor to the Authority for this 800-mile, 24-station system.  The first $1 billion design-build contract has been awarded to help develop the Central Valley segment.  The second $1.23 billion design-build contract was awarded in December 2014. 
  • Illinois Department of Transportation – Design-Build and PPP Programs.  Key member of the team helping the department develop design-build and PPP programs.  Services include drafting enabling legislation and related training manuals, and helping the department select potential projects for innovative delivery.
  • Florida Department of Transportation – I-595 Corridor Improvements.  Served as an integral member of the legal team representing FDOT on procurement of this project.  The main east-west traffic corridor in Fort Lauderdale is congested at certain times of the day – and predicted to get worse in the coming decades.  Using a PPP structure, construction on the $1.8 billion I-595 renovation is being financed largely by the private sector.  I-595 Corridor was the first transportation project of its kind to use an availability-payment compensation structure.  Redevelopment included resurfacing of 10.5 miles of mainline, construction of additional lanes, and construction of three reversible lanes (to maximize traffic flow) in the median.  The DBFOM concession for a 35-year term was awarded to ACS Infrastructure Development.  The Firm represented FDOT on drafting procurement and contract documents, facilitating the financing structure and leading contract negotiations.  Project construction finished on schedule in Spring, 2014. He is currently advising FDOT on contract issues during the operations phase.

    The project was named 2009 Project of the Year by ARTBA and 2009 "North American Transport Deal of the Year" by Project Finance magazine.

  • Port of Long Beach and Caltrans – Gerald Desmond Bridge.  Key member of the team representing the Port on this project.  With towers rising more than 500 feet into the air and a roadway standing 200 feet over the water, the $1.3 billion Gerald Desmond Bridge is the first cable-stayed bridge for vehicles ever built in California.  The existing bridge, which carries 15 percent of the nation's waterborne cargo, is functionally obsolete and is too low to accommodate passage of post-Panamax ships beneath the roadway.  The new 1.5 mile bridge will feature six traffic lanes, plus separate bicycle paths and pedestrian walkways.  It is one of ten projects authorized under California's ambitious PPP Design-Build Demonstration Program.  The Firm advised on procurement and contract documents and contract negotiations and is now helping the Port implement the contract during construction. 
  • Florida Department of Transportation – Port of Miami Tunnel.  Key member of the team advising FDOT on procurement and financing of this PPP to design and build the project.  The $1.5 billion Port of Miami Tunnel consists of twin tunnels under Biscayne Bay linking Port facilities on Dodge Island with MacArthur Causeway and I-395.  The project also adds capacity in each direction on the Causeway.  Under the agreement – only the second availability payment contract executed in the United States – FDOT made milestone payments to the concessionaire during the construction period, upon the achievement of contractual milestones.  Once construction was completed, the department began making availability payments to the concessionaire, contingent upon lane availability and service quality.  The project opened to traffic in August 2014.  The Firm represented FDOT by assisting in risk allocation and by drafting procurement and contract documents. 

    The Port of Miami Tunnel project was named 2010 "Nontraditional Financing Deal of the Year" by The Bond Buyer.   It was named 2009 "Global Deal of the Year" and "P3 Deal of the Year" by Project Finance magazine, and "North American P3 Deal of the Year" by Project Finance International.  It was named 2007 "Project of the Year" by the ARTBA.

  • Arizona Department of Transportation and City of Flagstaff – Flagstaff Facilities.  Co-lead of the team advising on this project.  This project involves replacement of ADOT's Flagstaff DMV and maintenance facilities.  In a unique partnership with the City of Flagstaff, ADOT solicited PPP proposals to relocate and consolidate ADOT offices into newly built or existing facilities.  This move will reduce agency costs while vacating land for commercial development.  In exchange, the private partner would secure ownership of the agency's existing site plus an adjacent parcel owned by the City, for a total of 18 acres.  ADOT will receive new facilities with no out-of-pocket costs.  ADOT selected a developer for this project in 2013.
  • California Department of Transportation (Caltrans) – Public-Private Partnerships Program.  Member of the team that represented Caltrans regarding its statewide innovative contracting program, including Caltrans' procurement of the Presidio Parkway Project.  Services included assisting Caltrans with policy issues, development of procedures and methodologies for implementation of the contracting program, and analysis of legislative issues.
  • Metropolitan Transportation Commission – Express Toll Lanes.  Key member of the legal team retained to advise the Metropolitan Transportation Commission on its potential development of a 700-mile network of express toll lanes planned for the nine-county San Francisco Bay Area.

Awards & Honors

Named a "Rising Star" for Project Finance by Law360 in 2014.

Named a Super Lawyers "Southern California Rising Star" in 2009 - 2014 by Los Angeles magazine.

Bio Photo
Bio Photo

Practices

Education

J.D., University of California, Los Angeles School of Law, 2004

B.A., University of California, Davis, 2001, Phi Beta Kappa, with highest honors

Admissions

California

Awards & Honors

Named a "Rising Star" for Project Finance by Law360 in 2014.

Named a Super Lawyers "Southern California Rising Star" in 2009 - 2014 by Los Angeles magazine.

     
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