Capital Project Strategies, LLC

Mike Loulakis has more than 30 years of experience in representing parties engaged in all aspects of the construction industry, particularly in matters involving procurement, risk management, and contract drafting. Nationally recognized for his expertise in design-build and public-private partnerships (P3), Mike has assisted public agencies on some of the largest transportation and water/wastewater projects in the country, helping them in formulating effective project delivery, procurement, and contracting strategies. He is also the lead or co-lead investigator in several national research projects for design-build and P3 best practices funded by FHWA and the Transportation Research Board.

In addition to his public sector experience, Mike also has extensive experience in representing private sector owners on domestic and international capital projects in the power generation (e.g., coal-fired, gas-fired, biomass and hydroelectric), petrochemical, and process industries. His role for these clients includes providing strategic assistance on EPC and EPCm procurements, drafting and negotiating contracts, and helping to resolve conflicts. Mike is also frequently asked to serve as a neutral in arbitrations, mediations, and DRBs, as well as to provide peer reviews on contracting practices and claims management.

Mike has a history of contributing to the advancement of the construction industry. He is one of the industry’s most prolific writers and speakers on the subject of design-build and alternative project delivery. Mike has been one of DBIA’s most active members since its formation in 1993, having served on its Board of Directors and co-authored DBIA’s standard form contracts. He is currently leading DBIA’s development of Best Design-Build Practices. Mike is also active academically, serving on the Tufts University School of Engineering’s Board of Advisors and as an Adjunct Professor in the Department of Civil, Environmental & Infrastructure Engineering at George Mason University. In recognition of his contributions to the construction industry, Mike was awarded DBIA’s 2013 Brunelleschi Lifetime Achievement Award, and inducted into both the American College of Construction Lawyers and National Academy of Construction. He holds a civil engineering degree from Tufts University and a law degree from Boston University School of Law.

Representing the Metropolitan Washington Airports Authority (MWAA) on its $5 billion Dulles Metrorail (Metro Silver Line) project. Services include assessing project delivery options, drafting and negotiating the Phase 1 design-build contract, creating project control specifications, developing risk mitigation strategies, and interfacing with other project participants.
Representing the Southern Nevada Water Authority on its $500 million Lake Mead Intake No. 3 design-build project. The project includes an intake shaft and a three-plus mile intake tunnel beneath the lake, with unique tunnel boring conditions. Services include the development of all procurement and contracting documents, strategic advice on selection criteria and risk assessment, and strategic advice on claims and conflicts.
Representing DC Water on its $1.8 billion Clean Rivers program and $400 million Biosolids program. Services include assisting the project team in identifying the best delivery options and procurement approaches for the various components of the projects, including three major tunnels, and serving as a resource in the review and drafting of the procurement and contracting documents.
Representing Virginia DOT on its Downtown Tunnel/Midtown Tunnel PPP project, which involves the renovation of an existing tunnel and the construction of a new immersed tube tunnel under the Elizabeth River in the cities of Portsmouth and Norfolk. Services include assisting VDOT in the commercial negotiation of the concession agreement and assessing project risk.
Representing Metro Wastewater Reclamation District (Denver, CO) on its $300 million Northern Treatment Plant project. Services include assisting the District in alternative delivery assessments, procurement, contracting and risk strategies, and developing a progressive design-build contract for the project.
Represented Houston Metro Transit Authority on its $1.5 billion, 11 mile University Line light rail project. Services included assisting the project team in evaluating project delivery and procurement strategies.
Represented Santa Clara Valley Transportation Authority (VTA) on its $1 billion design-buil BART extension to San Jose. Services included assisting the project team in evaluating project delivery and procurement strategies.
Retained by Washington State DOT to provide risk assessment services on its Alaskan Way Viaduct replacement project.

Representing a major underground mining machinery company in evaluating procurement and project management practices for its capital programs.
Representation of the developer on a 70 MW biomass project in Berlin, New Hampshire. Services include negotiating the EPC contract.
Representation of EQUATE (a joint venture of Dow Chemical and PIC) on a multi-billion dollar petrochemical project in Kuwait, delivered through multiple-prime EPC contracts. Services included counseling the project team on procurement, contracting, and risk management, as well as specific delay and disruption claims.
Representation of several owners in the petrochemical industry on international CAPEX strategies for contracting, procurement, and contract execution.
Representation of several international independent power producers in risk analysis, drafting EPC contracts, and assisting in the prosecution and defense of claims. Representative projects include facilities in China, Mexico, Nepal, and the United States.

“Alternative Technical Concepts for Contract Delivery Methods,” NCHRP Synthesis 455 (April 2014), TRB National Cooperative Highway Research Program, consultant.

“Legal Issues Involving Surety for Public Transportation Projects,” Legal Research Digest 40 (July 2012), Transit Cooperative Research Program, lead investigator. (Awarded John C. Vance Award, recognizing author(s) of an outstanding paper published by TRB that advances the study, understanding, and implementation of transportation law)

“Competition Requirements of the Design/Build, Construction Manager at Risk, and Public-Private Partnership Contracts – Seven Case Studies,” Legal Research Digest 39 (January 2012), Transit Cooperative Research Program, co-lead investigator.

“Geotechnical Information Practices in Design-Build Projects,” NCHRP Synthesis 429 (2012), co-consultant.

“Expedited Procurement Procedures for Emergency Construction Services,” NCHRP Synthesis 43-11 (2012), co-consultant.

“Legal Aspects for Performance-Based Specifications for Highway Construction and Maintenance Contracts,” Legal Research Digest 61 (July 2013), TRB National Cooperative Highway Research Program, consultant.

Design-Build Contracting Handbook, 2nd Edition, Aspen Publishers, Inc., 2001, co-editor.

Design-Build Lessons Learned, AEC Training Technologies, annually, 1995 to 2004, author.

Project Delivery Systems: Evaluating the Owner’s Alternatives (CD-ROM), A/E/C Training Technologies, 1999, author, producer and developer.

Design-Build Contracting Guide, Design-Build Institute of America, November 1997, author.

Construction Management: Law and Practice, Wiley Law Publications, 1995, co-author.

“Dispute Resolution Processes,” Ch. 24, Design-Build for Water and Wastewater Projects, American Water Works Association, 2012.

“Contracts,” Ch. 6, Design Management Guide, Charles Pankow Foundation, 2011, author.

“Alternate Delivery Systems: Design-Build, Construction Management, and IDIQ Task Order Contracts,” Ch. 5, Federal Government Construction Contracts, American Bar Association, Second Edition, 2010, co-author.

“Legal Concerns After a Failure,” Ch. 5, Forensic Structural Engineering Handbook, McGraw-Hill, 2000 (rev. 2009), author.

“The Law,” monthly column in Civil Engineering Magazine, American Society of Civil Engineers, 1981 to present, co-author.

Nationally recognized speaker before various state and federal agencies (transportation, defense, corrections), as well as the Design-Build Institute of America (DBIA), International Risk Management Institute (IRMI), and other trade and professional associations on a variety of topics affecting the construction industry. Subjects have included risk allocation and management; innovative project delivery; public sector procurement issues; construction contract administration; contract claims and defense of claims; and alternative dispute resolution. Adjunct Professor, George Mason University Graduate Engineering course.

Michael C. Loulakis, Esq., DBIA