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The National Academies

NCHRP 20-06/Topic 17-01 [Completed]

Update of Selected Studies in Transportation, Volume One: Transportation Contract Law
[ NCHRP 20-06 (Legal Problems Arising out of Highway Programs) ]

  Project Data
Funds: $63,000
Research Agency: Kerness Consulting
Principal Investigator: Eric M. Kerness, Esq.
Effective Date: 1/1/2011
Completion Date: 3/28/2012

The purpose of this project is to update the Selected Studies in Transportation Law: Volume One: Transportation Contract Law  (Vol. 1) which was last published in 2005.  Since that time, case law and contracting practices have evolved in the transportation industry. To best serve transportation law practitioners, an updated evaluation of this Volume should be undertaken.

A comprehensive update of this Transportation Contract Law Volume also should include an analysis of all sections to determine which sections need substantial updating and/or supplementing. Particular attention should be directed to the effect that recent law, changed practices, or regulations have had, if any, on the contracting activities of transportation entities.
 
Since publication of Volume 1 new trends have emerged particularly in the use of design-build and other innovative contracting practices. Public-private partnerships (PPPs) have presented new contracting issues that need analysis. Issues pertaining to innovative contracting which should be researched include insurance and bonding capacity, particularly for large-scale projects; project-financing agreements; risk-transfer and liability; design-build and other innovative contracting methods.

A comprehensive update of this Contracts Volume also should include an analysis of all sections to determine which sections need substantial updating and/or supplementing.

STATUS: The project has been published as a 2014 supplemental update to the Contracts Volume.

PRODUCT AVAILABILITY
This product is available on CD from the TRB bookstore and can be downloaded from the TRB website
.

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