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Developing the 21st Century: Land Use, Construction Law and Project Finance in the Built Environment
January 25, 2011
This multi-disciplinary investigation of critical Built Environment issues explored community benefits agreements and the “disconnect” between local land use practices and regional smart growth and sustainability agendas; the need for, and the manner of, modernizing public construction procurement laws for all public owners as a first step to move New York construction law into the 21st Century; and necessary statutory conditions for modernizing public finance laws, in particular the authorization of public-private partnerships.
The Construction Law, Project Finance and Land Use Planning and Zoning Committees of the New York City Bar Association jointly sponsored a multi-disciplinary investigation of several critical issues in the Built Environment entitled “Developing the 21st Century.” This day-long event was the latest in a series of Built Environment educational events that were inspired three years ago when the Construction Law Committee released its report, “21st Century Construction 20th Century Construction Law.” The report has been recently updated.
Moderators: PETER EBRIGHT, Deputy Director of Special Enforcement, New York City Department of Buildings; ROBERT FLIEGER, Senior Manager, Deloitte Financial Advisory Services, LLP; and GEORGE MILLER, Mayer Brown LLP
Keynote Speaker: RICHARD ANDERSON, President, New York Building Congress
Panelists: JOSEPH AIELLO, CEO, Meridiam Infrastructure; KENNETH BOND, Squire, Sanders & Dempsey L.L.P.; DAVID BURNEY, Commissioner, New York City Department of Design and Construction; BETTI CERINI, Dewey & LeBoeuf LLP; PAUL FERNANDES, Chief of Staff, Building and Construction Trades Council of Greater New York; KENNETH FISHER, Cozen O'Conner; MICHAEL GERRARD, Columbia Law School; JOSEPH HOGAN, Vice President, Associated General Contractors New York State; FLIP HUFFARD, The Blackstone Group; TERRI MATTHEWS, Senior Policy Advisor, New York City Department of Design and Construction; JOHN MILLER, Patton Boggs; JAMES PARROTT, Chief Economist, Fiscal Policy Institute; DAVID PERINI, Commissioner, Massachusetts Division of Capital Asset Management and Maintenance; HOWARD ROSEN, Peckar & Abramson; THOMAS SCARANGELLO, Chairman, Thornton Tomasetti; MARLA SIMPSON, Director, New York City Mayor’s Office of Contract Services; MARGARET STIX, Principal, Margaret Stix & Associates; MARK STRAUSS, FXFOWLE
Co-sponsored by: Construction Law Committee, Richard Volack, Chair; Land Use Planning and Zoning Committee, Mark Levine, Chair; Project Finance Committee, Ernest Chung, Chair
- Introduction to the Multi-Disciplinary Field of the Built Environment - "Government Budgets and Infrastructure - Focusing on the Real Challenge" by James A. Parrot
- Issues in Land Use Planning - "Top Down/Bottom Up: Architects & Public Policy Defining a Sustainable Future" powerpoint by Mark E. Strauss
- Keynote speaker - "New York City Construction Outlook: 2011-2012" powerpoint by Richard Anderson
- Modernize Public Construction Law - handouts:
- "The 2000 ABA Model Procurement Code" by John B. Miller
- "Don't Forget Life Cycle Delivery of of 'Basic Infrastructure'" by John B. Miller
- "Preliminaries Definitions/Distinctions: The ABA Model Procurement Code Can Help Industry and Government Establish a New Approach to 21st Century Development" by John B. Miller
- "Point-Counterpoint Article for Model Procurement Code 2000" by John B. Miller
- "ABA 2007 Model Code for Public Infrastructure Procurement (PIP)"
- "Division of Capital Management Procedures for the Procurement and Use of Construction Management at Risk Services in Accordance with M.G.L c. 149A"
- "Experience of Massachusetts Public Agencies with Construction Management at Risk Under M.G.L c. 149A" by the Office of the Inspector General, Commonwealth of Massachusetts
- Best Practices in Public Private Partnerships - Powerpoint presentation by Joseph Aiello ; "Legal Reforms Toward a P3 New Infrastructure Financing Regime" powerpoint by Kenneth Bond