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 (PPP) and other innovative project delivery methods.  Public agency clients actively seek his guidance in procuring some of the largest, most impactful 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.

Mr. Harder has years of experience assisting public clients with all aspects of innovative project delivery, including not simply PPP, but also design-build, construction manager at-risk and other project delivery techniques.  Before joining the Firm, he represented private sector clients in all types of large-scale building and civil works projects throughout the world, including many using innovative procurement techniques.

Mr. Harder previously served as general counsel and an 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, Merced – 2020 Campus Expansion Project.  Leader of the team advising the Regents of the University of California in the procurement of the UC Merced 2020 Project – a major campus expansion project being undertaken to accommodate project enrollment growth of the University of California's newest campus from the current 6,200 students to 10,000 students by 2020.  The project involves the design, construction, financing, operation and maintenance of 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 project 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 expand and improve their facilities using the innovative delivery model.  Nossaman's services include assisting with structuring the procurement, drafting and finalizing procurement and contract documents, and developing the evaluation process.
  • Florida Department of Transportation – I-4 Ultimate.  Leader of the team representing FDOT in the development and negotiation of contract and procurement documents for this project.  The $2.3 billion I-4 Ultimate Project, which will reconstruct and widen 21 miles of the highway in Orange and Seminole Counties, is only the fifth highway PPP in the United States to adopt an availability payment structure.  The project includes rebuilding 15 major interchanges, adding 56 new bridges, replacing 71 bridges and adding four tolled express lanes.  The project was procured as a PPP through a 40-year DBFOM concession agreement.  The concessionaire will receive milestone payments and final acceptance payments during construction, and availability payments throughout the operating period. The project achieved commercial and financial close in September 2014.

    In 2014, Project Finance International named the I-4 Ultimate Project "Americas Transportation Deal of the Year."  The project was also named "2014 North American Transport Deal of the Year" by IJGlobal and the "2014 Deal of the Year" by Trade Finance magazine.

  • Port of Long Beach – Gerald Desmond Bridge.  Lead attorney representing the Port on this project – a new 1.5-mile bridge featuring six traffic lanes plus separate bicycle paths and pedestrian walkways.  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.  It is one of 10 projects authorized under California's PPP Design-Build Demonstration Program.  Mr. Harder advised on procurement and contract documents and contract negotiations and is now helping the Port implement the contract during construction.
  • Florida Department of Transportation – I-595 Corridor Improvements.  Lead attorney representing FDOT on procurement of this project aimed at alleviating congestion on the main east-west traffic corridor in Fort Lauderdale.  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 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 was awarded to ACS Infrastructure Development.  Mr. Harder was lead attorney for FDOT on drafting procurement and contract documents, facilitating the financing structure and in contract negotiations.  Project construction finished on schedule in Spring 2014, and he is now 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.

  • Washington State Department of Transportation – Alaskan Way Viaduct Replacement.  Key member of the legal team representing WSDOT on this project.  The 60-year-old Alaskan Way Viaduct that carries SR-99 through downtown Seattle is being replaced by the world's largest-diameter (55 feet) hard-ground bored tunnel.  The two-mile tunnel beneath the City's heart and along its waterfront will incorporate a double-decked roadway with incoming and outgoing traffic on different levels.  Nossaman served as outside counsel to WSDOT on a $1.35 billion design-build contract, which was awarded to joint venture Seattle Tunnel Partners.  The Firm assisted in risk allocation and drafting procurement and contract documents.
  • Florida Department of Transportation – Port of Miami Tunnel.  Lead attorney 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.  Mr. Harder and his colleagues assisted FDOT with risk allocation and in drafting procurement and contract documents.  The project opened to traffic in August 2014.

    In 2010, The Bond Buyer named the Port of Miami Tunnel project "Nontraditional Financing Deal of the Year." 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. ARTBA named it "Project of the Year" in 2007, and honored it with a Globe Award in 2015.

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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