Legal Aspects of Airport Programs. Topic 10-02. Legal Issues Relating to Large Scale Airport Construction Projects

Several United States (U.S.) airports are currently engaged in large-scale, multi-year capital improvement programs. For many airport counsel, these programs are once-in-a career occurrences. Although these programs present many of the same issues as smaller scale airport construction projects, these large programs also present a series of specialized legal issues. Airport Cooperative Research Program (ACRP) has published several research reports addressing many of the technical and practical issues that arise during these programs. Yet, they lack in-depth analyses of related legal issues. The objective of this research is to provide an overview of the legal issues presented by large-scale airport construction programs and the various methods of addressing them. The digest should include issues such as project management structure and contracting for both internal and external management as well as the structure of construction contracts. For example, researchers should consider construction manager at risk vs traditional design-bid-build, compared to various forms of public private partnerships; and levels of procurement and pass-through of the airport’s federal, state and local obligations, depending upon the contractual structure. The digest should also address: (1) unique legal issues arising from environmental permitting for large capital improvement programs; (2) legal issues that arise from the multiple sources of funding required for such large-scale capital programs, including the use of federal grants, passenger facility charges, tax exempt bonds, and airport-generated funding; (3) the legal issues raised by transitioning tenants and operations from existing to new facilities; (4) phasing and staging of construction; (5) large-scale insurance programs, such as contractor controlled insurance programs (CCIP) or owner controlled insurance programs (OCIP); (6) addressing local issues through outreach and education; (7) special construction contract provisions applicable to large-scale programs, such as dispute resolution (including the use of dispute resolution boards, arbitration, and mediation) and project labor agreements; (8) methods to address the long-term nature of these programs, such as bonding over a multi-year program; (9) allocating responsibility for remediation of hazardous materials and addressing scheduling issues; and (1) the use of incentives, including both liquidated damages and bonuses or other incentives. ACRP publications and other relevant industry resources should be consulted. This research will be conducted in two phases and four tasks in a firm fixed price agreement. At the conclusion of Phase 1, ACRP will make a determination whether to proceed with Phase 2. The tasks will be as follows: Phase 1 Task 1. Conduct background research and collect relevant material. Based on the initial but complete review of the source materials, submit a detailed report outline. The outline should contain sufficient detail to describe what a report of appropriate length will contain. This outline should also contain the estimated pagination for each proposed section and/or subsection. This material will be submitted for ACRP consideration and approval. Participate in a conference call with the ACRP project review panel 3 weeks after submission of the outline. Phase 2 Task 2. After ACRP approval of the detailed outline, conduct additional research, and case and statutory/regulatory analysis. Collect additional primary data to the extent necessary. Task 3. Submit an initial draft report in accordance with the approved outline (including any modification required by ACRP). Participate in a conference call with the ACRP project review panel 3 weeks after submission of the initial draft report. Task 4. Revise the initial report as necessary and provide a red-line and clean version of the draft final report (DFR). The ACRP will provide written comments, to which each comment will need a point-by-point response and the report will be revised as appropriate and submitted as the final report.


  • English


  • Status: Proposed
  • Contract Numbers:

    Project 11-01, Topic 10-02

  • Sponsor Organizations:

    Airport Cooperative Research Program

    Transportation Research Board
    500 Fifth Street, NW
    Washington, DC    20001

    Federal Aviation Administration

    800 Independence Avenue, SW
    Washington, DC  United States  20591
  • Project Managers:

    Greenberger, Marci

  • Start Date: 20170701
  • Expected Completion Date: 0
  • Actual Completion Date: 0
  • Source Data: RiP Project 41495

Subject/Index Terms

Filing Info

  • Accession Number: 01628865
  • Record Type: Research project
  • Source Agency: Transportation Research Board
  • Contract Numbers: Project 11-01, Topic 10-02
  • Files: TRB, RiP
  • Created Date: Mar 15 2017 1:00AM