Edmund V. Caplicki III

Evan Caplicki guides public agencies through all stages of innovative infrastructure project development – from delivery option selection through procurement and contracting, to contract administration and claims resolution.

In helping lay the foundation for some of the largest and most complex projects in the U.S., Evan provides clients extra depth through his extensive construction expertise. He holds a certificate in Construction Management in addition to his law degree, and has represented owners, contractors and subcontractors in public and private construction projects during his career. Before joining Nossaman, he worked at several well-respected construction litigation firms.

Evan is also very active in the Design-Build Institute of America, having chaired the Legal and Legislative Committee, co-chaired several of the group’s transportation conferences, and taught courses on contracts and risk management.

Experience

State of California Legislature – State Capitol Building Annex. Co-lead of the legal team advising the Joint Rules Committee of the State of California, through the Legislative Counsel’s Bureau, with respect to the  demolition and replacement of the Capitol’s 66-year-old Annex. The project is a $1 billion undertaking and is being delivered through a construction manager at risk contract. The new Annex will bring modern design features, better accessibility, more efficient energy use, and increased safety to the Capitol. Our services include drafting the procurement and contract documents for both the architect and the construction manager at risk.

Kedren Community Healthcare – South Campus. Lead counsel advising on a $120 million PDB project for a Comprehensive Children’s Inpatient and Outpatient Mental Healthcare Facility, which will include 25 transitional housing units for the families of the patients.  The project will be constructed on a former industrial site in South Los Angeles.  Our work includes advising on the application of public contract law to certain private developments, drafting procurement and contract documents, and participating in contract negotiations and contract administration.

San Bernardino County Transportation Authority – I-10 Corridor Contract 1. Key member of the legal team advising on the development and procurement of a design-build project to add toll express lanes along the I-10. The $600 million upgrade will feature 10 miles of managed lanes with two tolled express lanes in each direction. Evan’s responsibilities include structuring the procurements, drafting the design-build procurement and contract documents, risk analysis, advising on federal and state requirements, facilitating proposal evaluations and administering the contracts.

Indiana Finance Authority – East End Crossing (Lewis and Clark Bridge). Key member of the legal team that advised on the first bridge procured via an availability payment public-private partnership transaction in the U.S. The 8.5-mile Lewis and Clark Bridge, is a key piece of the $2.3 billion Ohio River Bridges Project, which provides safer, more reliable travel between Kentucky and Indiana. The project opened in December 2016 and won more than a dozen industry awards.

City of Indianapolis – Marion County Justice Center. Key member of the legal team that advised on all aspects of an innovative availability payment P3 project to consolidate the city’s criminal justice functions into a single efficient center. The plan, one of the first of its kind for a justice complex, called for $500 million of up-front design, construction and financing costs to shift to a private partner responsible for operating, maintaining and upgrading the facility for 35 years. The 1.2 million-square-foot facility combined a new adult detention center with a community corrections facility, courthouse, sheriff’s department offices and new surface parking. The city released an RFP to three shortlisted teams in June 2014 and selected a preferred bidder in December 2014. After successfully completing negotiations with the bidder, the mayor and city staff recommended awarding the project and advancing with commercial and financial close. The city council, however, decided not to move forward with the complex and cancelled the procurement after receiving three compliant bids.

Bernalillo County, New Mexico – Public Safety Training Academy Project. Member of the legal team that advised on the procurement of a developer to design, develop, construct and maintain a new Public Safety Training Academy. Combined, the academy is estimated to be 37,500 square feet, with an additional 3,200 square foot apparatus bay and a five-story fire-training tower. The majority of project costs for the roughly $50 million project are to be repaid by the County through rent payments over the course of a 30-year lease of the new facility.

California Department of Transportation – Presidio Parkway. Key member of the legal team that advised on a $1.1 billion project to rebuild a spectacular natural gateway linking the Golden Gate Bridge with the City of San Francisco. The parkway, which traverses an environmentally sensitive national park and a national historic landmark district, was the first procurement under California’s P3 law and the third highway improvement developed under an availability payment P3 in the U.S.. Financing for the project, awarded to a Hochtief/Meridiam joint venture, included $45.6 million in equity, $166.6 million in senior bank loans and a $150 million TIFIA loan. Evan focused his efforts on the procurement side of the transaction, leading the preparation of the procurement process and managing the process through selection of a preferred proposer.

California High-Speed Rail Authority. Key member of the legal team advising on key elements of the high-speed train system connecting the state’s major urban centers. Among many assignments, we advise on the procurement of track and systems using a performance-based design-build-maintain method and administration of the design-build civil contracts. We also helped draft procurement and contract documents and oversaw the award of a nearly $1 billion design-build contract for the first section. We also assisted organizational conflicts of interest and federal and state environmental permitting.

Orange County Transportation Authority – I-405 Improvement Project. Key member of the legal team advising on a $2.16 billion design-build project to add a general-purpose lane and an express toll lane, as well as the conversion of an existing HOV lane, in each direction for a 16-mile stretch of freeway. The project, the largest highway upgrade in Southern California, relieves pressure on one of the state’s most congested corridors.  Evan’s role included coordinating the legal and technical aspects of the procurement and contract documents. The new lanes opened to traffic in December 2023.

Texas Department of Transportation – I-35E Managed Lanes. Leader of the legal team that advised on the 2012 procurement of a project to relieve traffic congestion along a 28-mile interstate corridor in Dallas and Denton counties. Nossaman helped negotiate a $1.4 billion DBM contract with an Archer Western/Granite/LANE Construction Company joint venture. The project includes managed and general-purpose lanes, bridges and collector-distributor roads. Evan advised the agency on the procurement and commercial structure of the transaction, led the drafting of the procurement and contract documents and facilitated the procurement and evaluations.

Publications

Blog Posts

Speaking Engagements

Community & Professional

Design-Build Institute of America: Member of Contract Documents Committee, Member of Transportation Markets Committee, Western Pacific Region Board Member, Co-Chair of 2012 and 2014 Design-Build in Transportation conferences, Co-Chair of 2013 Design-Build Conference and Expo, Instructor of Contracts and Risk Management course

Honors & Recognitions

"Design-Build in Transportation Leadership Award," Industry Professional Leadership, Design-Build Institute of America, 2016