Patrick Harder, Chair of Nossaman's Infrastructure Practice Group, has over 25 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 Port of Miami Tunnel and Gerald Desmond Bridge, 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. In 2011, 2012, 2013, and 2014 Chambers and Partners recognized Mr. Harder as a leading lawyer nationally in the field of public-private partnerships. He was also recognized by Chambers as a global leader in the transportation industry in 2013 and 2014. Mr. Harder is AV Preeminent® Peer Review Rated by Martindale-Hubbell.
Public Works Projects
Port of Long Beach, California - Gerald Desmond Bridge. Currently serving as lead attorney on an estimated $1 billion plan to replace the Gerald Desmond Bridge using the authority granted by California's design-build demonstration program. As the first cable-stayed bridge ever built in California, the project is expected to be a landmark structure for the Port and surrounding communities. The Bridge will enable post-Panamax ships greater access to the Port of Long Beach and the adjoining Port of Los Angeles. The Port of Long Beach is one of the largest and busiest Ports in the world and a major inter-modal center for the cargo movement throughout the Western United States and beyond.
Washington State Department of Transportation - Alaskan Way Viaduct. Served as outside counsel to the Washington State Department of Transportation on a waterfront-tunnel project to replace the existing elevated section of SR-99 and the Seawall in downtown Seattle, all part of the overall $4.2 billion Alaskan Way Viaduct project. The proposed tunnel will, at 54 feet, be the largest diameter deep bore tunnel ever constructed anywhere in the world. It will incorporate a double-decker roadway with incoming and outgoing traffic separated vertically, making it one of the few double-decker tunnels in the world.
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. The American Road and Transportation Builders' Association named the project its 2009 Project of the Year and Project Finance 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, as well as the 2009 Americas PPP Deal of the Year by Project Finance International.
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.
California American Water Co. – Carmel River San Clemente Dam Removal Project, Monterey County, California. Serving as the lead attorney representing the owner in connection with the procurement of a design-build contractor to remove an existing dam and return the river and its environs to its natural state.
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.
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. City of Newport Beach City Hall Campus Complex; Newport Beach, CA.
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: Rocketdyne Clean Room Facilities; Chatsworth, CA. 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. Sea World Manta Attraction; San Diego, 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. Sony Studios projects; Culver City, CA. Dreamworks Animation Lakeside Annex; Glendale, CA.
Commercial Properties: Bosphorus Hotel; Istanbul, Turkey. KLCC Petronas Towers Project; Kuala Lumpur, Malaysia. Regent Hotels; London, and Kuala Lumpur.