Patrick Harder, Co-Chair of Nossaman's Infrastructure Practice Group, has more than 20 years of legal experience in the construction industry, with a particular focus on large scale civil works projects procured through innovative procurement processes. From managing cutting edge procurements for public agencies to prosecuting and defending construction claims, he has an in-depth knowledge of successful, large scale construction projects.
Mr. Harder's projects range from complex public works such as the I-595 Corridor Improvements and Port of Miami Tunnel, to high profile commercial buildings such as the Petronas Towers in Kuala Lumpur, Malaysia.
Mr. Harder's professional roles have included general counsel and member of executive management for two of the world's largest construction and engineering firms, both based in Japan, and legal consultant on dozens of public and private projects around the world. He has experience with the full range of project delivery methods, including public-private partnerships, design-build, and construction management.
Mr. Harder's familiarity with the entire construction process allows him to implement creative procurement approaches and efficient risk mitigation strategies that facilitate the success of his clients' projects.
He is AV rated by Martindale-Hubbell.
Representative Work
Public Works Projects
Florida Department of Transportation – I-595 Corridor Improvements Project. Served as lead attorney on the procurement for redevelopment of a 10.5-mile section of the I-595 corridor in the Ft. Lauderdale area. The project includes the resurfacing of existing roads, addition of auxiliary lanes and ramps and new reversible express toll lanes. The 35-year, design, build, finance, operate and maintain concession was awarded on a best-value basis to a team led by ACS Infrastructure Development, with Macquarie serving as financial advisor. This $1.8 billion project will be the first project in the U.S. transportation sector to use an availability payment compensation structure. Work included comprehensive legal and procurement assistance, including drafting procurement and contract documents, and leading contract negotiations. The American Road and Transportation Builders' Association named the project its 2009 Project of the Year and Project Finance Magazine named it 2009 North American Transport Deal of the Year.
Florida Department of Transportation – Port of Miami Tunnel. Currently lead attorney developing an innovative procurement process for the Port of Miami Tunnel and Access Improvements Project. This $1.2 billion project will link the Port of Miami facilities on Dodge Island with MacArthur Causeway and I-395 via a tunnel under Biscayne Bay. The concession agreement will be the second public/private partnership in the U.S. transportation sector to use availability payments as the compensation mechanism. The project was named the 2007 Project of the Year by the American Road and Transportation Builders Association, both the 2009 Global Deal of the Year and North American PPP Deal of the Year by Project Finance Magazine, as well as the 2009 Americas PPP Deal of the Year by Project Finance International.
Texas Department of Transportation – Trans Texas Corridor. One of the primary authors of the procurement documents for the Trans-Texas Corridor – TTC 35 project, part of a $150 billion multi-decade program to create 4,000 miles of integrated passenger and truck highway, rail and utility corridors that will connect major cities in Texas with other states and Mexico.
Texas Department of Transportation – Programmatic CDA Documents. Served as a facilitator with TxDOT's engineers in the development of a standard set of performance-based specifications for TxDOT's Comprehensive Development Agreement program.
Texas Department of Transportation – IH-820/SH-183. Served as the lead attorney on the first procurement for this $1 Billion public-private partnership involving reconstruction of existing facilities and construction of new managed lanes in the Ft. Worth area. The procurement was ultimately terminated prior to contract award and successfully reprocured in early 2009.
Construction Litigation
Applied Materials Clean Room and Fabrication Facility, Sunnyvale, California. Represented the design-builder in a claim involving the world's leading high-tech tool manufacturer's flagship facility in Silicon Valley. Developed a $40 million claim and managed 40+ person team to analyze cost accounting, construction scheduling and failure analysis issues and prepare findings. The dispute resolved amicably in mediation.
Ronald Reagan Federal Courthouse, Santa Ana, California. Managed a $50 million+ claim, on behalf of the general contractor, addressing the interplay of architectural aesthetic design with structural engineering requirements in a seismic zone. Negotiated joint prosecution agreements with more than 20 subcontractors. The dispute resolved amicably in mediation.
UCLA DeNeve Plaza Dormitory Project, Los Angeles, California. Assisted the general contractor with a close-out strategy and with the development of a $30+ million multi-volume claim. The dispute settled amicably in mediation.
Additional Construction Projects (partial list)
Infrastructure: Bangkok Transit System; Bangkok, Thailand. Centrate Sewage Treatment Facility; Carson, CA. Kuala Lumpur Sepang International Airport; Kuala Lumpur, Malaysia. New Hong Kong International Airport at Chep Lap Kok; Hong Kong.
Hospital / Medical Facilities: American Red Cross Blood Processing Facility; Pomona, CA. Cedars Sinai Hospital OR Facility; Los Angeles, CA. Mission Hospital Acute Care Tower; Orange, CA. Grifols Biologicals Manufacturing Facility; Los Angeles, CA. Desert Valley Hospital; Victorville, CA. White Memorial Hospital; Los Angeles, CA.
Manufacturing Facilities: Anheuser Busch Brewery; Los Angeles, CA. Fujitsu Corporation Manufacturing Facility; Viet Nam. MAG Instruments Manufacturing Facility; Ontario, CA. Sanyo Semiconductor Fabrication Facility; Philippines.
Processing Facilities: NKK Steel Mill; Terengganu State, Malaysia. PCS II, Petrochemical Project; Merbau Island, Singapore. Udaipur Cement Plant; Nepal.
Entertainment Venues: Universal Studios Sentosa (Singapore), attractions contracts; Disney "Soaring over California" and "Tower of Terror" Attractions at California Adventure; Anaheim, CA. Howard Hughes Center Retail and Theatre Facility; Culver City, CA. Japanese American National Museum; Los Angeles, CA. Koolau Golf & Country Club; Koolau, HI. Universal City Walk; Universal City, CA. Universal Studios Stage Fright Attraction; Universal City, CA.
Commercial Properties: Bosphorus Hotel; Istanbul, Turkey. KLCC Petronas Towers Project; Kuala Lumpur, Malaysia. Regent Hotels; London, and Kuala Lumpur.