Simon Santiago handles contractual, procurement, development and construction issues for the largest transportation, transit and multi-modal projects in the U.S. Public sector clients seek his guidance in creating successful infrastructure projects through innovative procurement, financing and delivery methods including public-private partnerships (P3s).
Given his broad experience, he often advises industry leaders and policymakers on emerging federal legislative and policy issues involving transportation. At the state level, Simon helped develop P3-enabling legislation, procedures and programs in Maryland, Virginia, North Carolina and Georgia. He also counseled the Pennsylvania Turnpike Commission, the North Carolina Turnpike Authority and Port Authority of New York and New Jersey on state and federal law governing all-electronic toll systems.
Before joining Nossaman in 2006, Simon was a litigator with a construction and government contract law firm in Northern Virginia, where he advised public- and private-sector clients on disputes involving large and complex infrastructure projects. He also served as a judicial clerk with the General Services Board of Contract Appeals, assisting in legal analysis of contract claims and disputes. This collective experience has helped him anticipate potential risks and adjust procurement and contracting strategies accordingly.
Georgia State Road and Tollway Authority – SR 400 Express Lanes. Leader of the legal team advising the Authority on the procurement involving the addition of 16 miles of tolled express lanes along SR 400 in Fulton County, Georgia. The project is being procured as a revenue risk, design-build-finance-operate-maintain project, with the Authority performing certain tolling services for the developer pursuant to a separate tolling services agreement.
Maryland Transit Administration and Maryland Department of Transportation – Purple Line Light Rail. Co-leader of the legal team for the procurement of Maryland’s first transit P3 project awarded in 2016. After the concessionaire’s design-build contractor left the project in fall of 2020, we advised MTA/MDOT on the negotiation of an amended P3 agreement and resolicitation of a replacement design-build contractor. The $3.4 billion (capital cost), 16.2-mile light rail system will significantly facilitate mobility between the Maryland suburbs and Washington, D.C. The amended project reached financial close in April 2022. Nossaman continues to advise MDOT/MTA in the implementation of the amended P3 agreement. Simon helped to develop procurement and contract documents for the project, including participation in the pre-RFP industry review process, and is advising MDOT/MTA on contract administration issues.
Chesapeake Bay Bridge and Tunnel District – Parallel Thimble Shoal Tunnel. Co-leader of the legal team advising on the design and construction of a new $756 million tunnel beneath the Thimble Shoal Channel in Virginia’s lower Chesapeake Bay. The second two-lane tunnel will expand capacity and improve safety for travelers utilizing the Chesapeake Bay Bridge-Tunnel, the sole connection between Delmarva Peninsula and the Hampton Roads area. Simon advised on the procurement of the design-build contract and is assisting the district on contract administration issues.
Massachusetts Bay Transportation Authority – Green Line Extension Project. Key member of the legal team that advised on 5-mile extension of the Green Line light rail. The agency retained Nossaman to examine the deployed construction manager/general contractor delivery method, consider alternatives and make recommendations on the optimal delivery method going forward. Following the termination of existing contracts, Nossaman guided the agency on the procurement for a design-build contract to complete the project, which included the use of an affordability limit and identified six prioritized scope additives.
District of Columbia Department of Transportation – South Capitol Street Corridor Project. Leader of the legal team that advised on the procurement of a $441 million design-build project that will involve the removal and replacement of the Frederick Douglass Memorial Bridge, construction of bridge approach ovals, reconstruction of adjacent streets and related bridge and interchange infrastructure rebuilding and replacement. The new bridge was opened in September 2021. Simon assisted the Department on the development of the procurement and contract documents and monitoring of the procurement process.
North Carolina Department of Transportation – I-77 Managed Lanes Project. Co-leader of the legal team that advised on the procurement of a $600 million highway improvement project, which was the state’s first toll concession. The project is the first hybrid toll concession model to structure a credit support vehicle for lenders in conjunction with a traditional toll revenue risk concession. The project opened for operation in 2019. Simon assisted with the structuring, development, procurement and administration of the P3 and advised the transportation agency on legislative and regulatory changes needed to create a P3 program.
Virginia Department of Rail and Public Transportation – Dulles Corridor Metrorail Project Phase 1. Co-leader of the legal team that advised on procurement of a $2.9 billion project to extend the Metrorail to Fairfax County. The project, which included 11.7 miles of track and five new stations, was the first phase of the 23-mile Silver Line. Phase 1 of the $1.6 billion design-build project opened in July 2014. Simon assisted the Department in negotiating the design-build contract.
Metropolitan Washington Airports Authority – Dulles Corridor Metrorail Project Phase 2. Key member of the legal team that advised on the procurement of a $2.7 billion Metrorail extension in Fairfax and Loudon counties, including Washington Dulles International Airport. The 11.4-mile, six-station project is the second phase of the 23-mile Silver Line. Phase 2 opened in November 2022. Simon assisted the Authority in developing the procurement documents and the design-build contract.
Virginia Department of Transportation – Coalfields Expressway. Leader of the legal team that advised on a four-lane highway project connecting I-77/I-64 to U.S. Route 23. The transportation department took an innovative approach – utilizing coal mining operations and equipment to provide a rough-grade roadbed, to substantially reduce anticipated delivery costs. Simon assisted the department in drafting and negotiating the preliminary engineering and design-build agreements.
Virginia Department of Transportation – Elizabeth River Tunnels Project. Leader of the legal team that advised on a groundbreaking toll concession P3 procurement for a major tunnel and highway project to improve traffic in the Norfolk-Portsmouth region. A key feature of the $2.1 billion project is a new two-lane tunnel between Norfolk and Portsmouth – the first all-concrete highway tunnel in the U.S. designed to function under deep water. Other improvements include upgrades to the existing Midtown and Downtown tunnels and an extension of the MLK Freeway, with tolling for new and existing portions. A Skanska/Macquarie led-team is developing the 58-year DBFOM project via a $422 million TIFIA loan, $663.75 million in PABs, $310 million from VDOT and up to $272 million in private equity. The project achieved financial close in April 2012 and the new tunnel opened to traffic in the summer of 2016. In 2012, Project Finance magazine honored it as North American Toll Road Deal of the Year and Infrastructure Journal awarded it Global Transport Deal of the Year.
Florida Department of Transportation – I-595 Corridor Improvements. Key member of the legal team that advised on procurement and delivery of this $1.8 billion public-private partnership aimed at alleviating congestion on the main east-west traffic corridor in Fort Lauderdale. Nossaman advised on procurement and contract documents and the financing structure, and addressed issues that arose throughout design and construction. The project, the first U.S. transportation project with an availability payment scheme, won numerous honors and opened for operation in March 2014. Simon assisted with procurement and contract documents and the financing structure.
- 04.30.2020 | Infra Insight Blog
- 05.30.2017 | Infra Insight Blog
- 10.22.2015 | Infra Insight Blog
- 05.29.2015 | Infra Insight Blog
- 04.01.2015 | Infra Insight Blog
- 01.13.2015 | Infra Insight Blog
- 12.11.2014 | Infra Insight Blog
- 03.11.2014 | Infra Insight Blog
- 12.12.2013 | Infra Insight Blog
- 08.09.2013 | Infra Insight Blog
- ARTBA Recognizes East End Crossing Participants, Bill Reinhardt and P3 Founders at 25th Anniversary Awards Dinner07.26.2013 | Infra Insight Blog
- 07.25.2013 | Infra Insight Blog
- 07.01.2013 | Infra Insight Blog
- 03.27.2013 | Infra Insight Blog
- From One End of the US to the Other, Project Finance Magazine Recognizes P3 Projects as Deals of the Year03.11.2013 | Infra Insight Blog
- 01.18.2013 | Infra Insight Blog
- 10.12.2012 | Infra Insight Blog
- 04.18.2012 | Infra Insight Blog
- 04.02.2012 | Infra Insight Blog
- 02.15.2012 | Infra Insight Blog
- 11.04.2011 | Infra Insight Blog
- 09.19.2011 | Infra Insight Blog
- 07.21.2011 | Infra Insight Blog
- 07.21.2011 | Infra Insight Blog
- 09.28.2009 | Infra Insight Blog
- Best Practices for Successful P3 Procurements: Identify the Appropriate P3 Process for Your P3 Approach2022 Public-Private Partnership Government Conference12.01.2022
- Nossaman Webinar03.11.2021
- American Road & Transportation Builders Association P3s in Transportation Conference07.19.2019
- American Association of Port Authorities Capital Projects Seminar05.09.2018
- Railway Age Conference04.27.2018
- American Council of Engineering Companies Annual Convention04.16.2018
- P3 Federal Conference11.29.2017
- Emerging P3 Markets: Are We Headed for a Bull RallyAmerican Road & Transportation Builders Association P3s in Transportation Conference07.14.2016
- 56th Annual Transportation Research Forum03.12.2015
- All Projects are Local: Procurement and Financing StructuresThe Bond Buyer’s Transportation Finance/P3 Conference11.16.2014
- American Bar Association Fidelity & Surety Law Committee's Mid-Winter Meeting01.23.2014
- American Road & Transportation Builders Association P3s in Transportation Conference07.26.2013
- 2013 National Forum for Black Public Administrators04.22.2013
- 33rd Annual Construction and Public Contracts Law Seminar11.03.2012
- 2011 Design-Build Conference & Expo10.21.2011
- U.S. P3 Transport Finance Investors Forum03.24.2011
- A Legal Perspective of Public-Private Partnerships: Statutory Framework and New Concession ContractsAmerican Bar Association Fidelity & Surety Law Committee Mid-Winter Meeting01.22.2009
- 08.18.2022 | Best Lawyers
- 08.20.2021 | Best Lawyers
- 08.20.2020 | Best Lawyers in America
- 12.04.2018 | Daily Journal
- MDOT Purple Line Light Rail Project and UC Merced 2020 Project Win "Deal of the Year Awards" From IJGlobal04.07.2017 | IJGlobal
- 02.24.2017 | Law360
- 04.20.2015 | Super Lawyers
- 02.19.2015 | Law360
- 04.28.2014 | Super Lawyers
- 06.27.2013 | The Bond Buyer
- 05.16.2013 | National Journal
- 03.07.2013 | Project Finance
- 02.08.2013 | Washington Business Journal
- 03.11.2009 | Nossaman News Release
- 09.26.2006 | Nossaman News Release
Community & Professional
American Road and Transportation Builders Association, Past President, Public-Private Partnership Division
District of Columbia Bar Association, Government Contracts and Litigation Section
George Mason University, P3 Center for Transportation Policy, Advisory Board Member
Virginia State Bar Association, Construction and Public Contract Law Section
American Bar Association, Public Law Section, Forum on the Construction Industry
National Filipino American Lawyers Association, Founding Member, DC Chapter
Honors & Recognitions
Included in The Best Lawyers in America© for Transportation Law, 2020-2023
Selected to the Super Lawyers list, 2014-2017
- Washington College of Law at American University, J.D., 1996, magna cum laude; Notes and Comments Editor, American University Law Review
- University of Illinois, B.A., 1993
- District of Columbia
- U.S. Court of Federal Claims
- U.S. Court of Appeals, Fourth Circuit
- U.S. District Court, Eastern District of Virginia