Brandon J. Davis

Brandon Davis has more than 20 years of experience representing public agencies in California and throughout the United States on delivery of their most important transportation infrastructure projects. Brandon’s work includes guiding clients through all elements of the procurement, construction contract drafting and contract implementation/dispute resolution processes. His experience includes the full range of project delivery methods used by public owners today, from design-bid-build, fixed-price and progressive design-build, CMAR and various forms of public-private partnerships (P3). His projects range from first-of-a-kind highway, bridge, tunnel and train projects to work on the world’s largest consolidated rent-a-car center (LAWA ConRAC) and other transportation-related structures.

Brandon offers his clients a unique perspective on successfully delivering projects because he has helped grow state and local-level alternative delivery programs – including passage of enabling legislation – in various states, including California, Arizona, Florida, Illinois, Nevada and Utah. This experience includes representing the Florida DOT on the procurement and successful delivery of the first two availability payment P3 transactions in the United States, and both the California Department of Transportation and the City of Los Angeles on their first P3 transactions. 

Brandon was recently tapped by the United States Department of Commerce to participate in its Commercial Law Development Program, where he has been a part of two envoys to Eastern Europe to provide training to various Eastern European countries on the use of alternative project delivery methods.

Experience

Arizona Department of Transportation – Tucson-Benson Highway (I-10) Country Club Road and Kino Parkway TIS. Leader of the legal team that advised ADOT on its evaluation of proposals from prospective design-builders to design and construct this critical $600M project. Nossaman’s services included advise on the procurement documents, development of proposal evaluation materials, training evaluation participants and related statutory compliance review and analysis.

Arizona Department of Transportation – Flagstaff Facilities. Co-leader of the legal team that advised on an innovative project to replace the transportation agency’s Flagstaff DMV and maintenance facilities. In the Department’s first project under its P3 statute, ADOT solicited proposals to relocate and consolidate its offices to reduce agency costs in exchange for its existing property available for commercial development. The agency entered into a pre-development agreement with a developer in 2013 and implementation agreement in 2020, completing the transaction.

Arizona Department of Transportation – Rest Stop PPP. Lead member of the Nossaman team that advised ADOT on this procurement and contract, which was ADOT’s second project under its P3 statute. As part of the project, Infrastructure Corporation of America took over maintenance and operation of the fourteen Arizona highway rest areas and implemented a sponsorship and advertising program to generate revenue. The private operator was responsible for introducing amenities such as Wi-Fi access, dog-walking areas, charging stations for electric vehicles and ATM machines. Under the contract, ADOT is guaranteed at least $1 million over 10 years from revenues generated from advertising and sponsorships. That money will go into the State Highway Fund for other transportation projects. The contract took effect in October 2013.

Santa Clara Valley Transportation Authority (VTA) – BART Silicon Valley Extension Phase II. Leader of the Nossaman team advising VTA in connection with the development of procurement and design-build contract documents for Contract Packages 1, 3 and 4 of the BART Silicon Valley Phase 2 Program. This $12.2 billion program will extend BART service six miles from the Berryessa Transit Center into downtown San Jose and terminating in Santa Clara. In addition to his work on Contract Packages 1, 3 and 4, Brandon provides VTA with program-wide guidance, including guidance on Contract Package 2 conflict of interest issues. Brandon recently represented VTA on its procurement and negotiation of a roughly $490 million 10-year construction management services contract for the BSVII program.

Santa Clara Valley Transportation Authority (VTA) – Eastridge to BART Regional Connector Capitol Expressway Light Rail Project. Leader of the Nossaman team that advised VTA on the development of the procurement and DBB contract documents for the project. The $437 million project will add an aerial guideway (with MSE Wall approaches), two passenger stations (Story Station and Eastridge Station), a new pedestrian overcrossing at Story Station, track work, systems (including two traction power substations) and road widening along the Capitol Expressway.

San Antonio River Authority. Co-leader of the Nossaman team advising SARA on procurement and contracting of a new administrative building being delivered by the CMAR delivery method. Services include review and analysis of the CMAR agreement and general conditions.

City of Los Angeles, Los Angeles World Airports – Automated People Mover (APM). Key member of the legal team advising on a $4.9 billion APM train system to ease access in and out of the Los Angeles International Airport. When completed it will connect travelers to a light rail, intermodal transportation facility and a rental car center. Now under construction, it is the first APM system procured through an availability payment public-private partnership delivery model and earned several national and international awards. In addition to advising on the Request for Qualification and Request for Proposal processes, Brandon’s services included advising LAWA on its innovative project delivery authority (including drafting ordinances), the process for selecting the ideal project delivery method for this and other related projects in its $10B Landside Access Modernization Program and the process for prequalifying APM operating system providers. Brandon continues to advise LAWA on various contract implementation issues, including ongoing claims.

City of Los Angeles, Los Angeles World Airports – Consolidated Rent-A-Car Facility (ConRAC). Day-to-day lead for the legal team that advised the City on the ConRAC project at the Los Angeles International Airport (LAX). Brandon’s services included overseeing the procurement and drafting and negotiating the availability payment P3

contract for the project. The facility will relocate and centralize car rental facilities away from the Central Terminal Area and provide direct access to major freeways. The $2 billion project is being procured through an availability payment public-private partnership delivery model. The project captured many honors. Brandon was day-to-day lead on the project through the procurement process and his services included drafting and negotiating the availability payment P3 contract.

City of San Antonio – New Terminal Facility. Leader of the legal team advising the City on its procurement of a CMAR to deliver a $1B new terminal. The new terminal will include up to 17 new gates, terminal support facilities, realignment of the terminal roadway, establishing a ground transportation center and the addition of a consolidated concessions receiving and distribution facility. The City executed the CMAR contract with the selected construction manager for the project in February 2024.

City of San Antonio – Airfield Safety Enhancement and Improvement Program. Leader of the legal team advising the City on its procurement of a CMAR to deliver up to $1B of new and reconstructed runways and taxiways to address current airspace conflicts with Joint Base San Antonio Randolph AFB. The first phase of construction is scheduled to conclude in 2029, with the final runway work scheduled to be complete in 2032.

San Diego Association of Governments (SANDAG) – Otay Mesa Port of Entry. Leader of the Nossaman team advising SANDAG on its innovative international crossing between the U.S. and Mexico in San Diego, California. The project involves extensive collaboration and corresponding agreements between key stakeholders, including the government of Mexico, the U.S. General Services Administration (GSA) and U.S. Customs and Border Protection (CBP), the California Department of Transportation (Caltrans) and the City of San Diego, among others. The proposed border improvements will provide fast, predictable and secure border crossings by constructing a four-lane tolled road connecting directly to a state-of-the-art Customs & Border Protection Land Port of Entry and a California Highway Patrol Commercial Vehicle Enforcement Facility. Additional improvements will include a new border wait time detection system, advanced traveler information to improve route planning and an optimized port of entry capacity to decrease congestion and wait times.

California High-Speed Rail Authority. Key member of the legal team advising on key elements of the high-speed train system connecting the state’s major urban centers. Among many assignments, we advise on the procurement of track and systems using a performance-based design-build-maintain method and administration of the design-build civil contracts. We also helped draft procurement and contract documents and oversaw the award of a nearly $1 billion design-build contract for the first section. We also assisted organizational conflicts of interest and federal and state environmental permitting. Brandon’s services include advising on the procurement of trainsets, procurement planning and use of alternative contracting methods.

Port of Long Beach – Long Beach International Gateway Bridge. Key member of the legal team that advised on the development of a new 1.5-mile cable-stayed bridge to serve one of the world’s largest and busiest container ports. We assisted with the $957.5 million procurement and with contract administration, including claims resolution and project acceptance. We also negotiated agreements for property acquisitions and utility relocations, as well as agreements for transfer of property to the State of California. We are currently negotiating an agreement with the State concerning reimbursement of operation and maintenance costs. The project opened to traffic in 2020.

Puerto Rico Highways and Transportation Authority – Electronic Toll Collection System/Customer Service Center. Leader of the Nossaman team that advised the Authority on its procurement of a new toll services provider for the various toll roads and toll bridges owned by the Authority. The resulting contract will address development, installation, integration, testing and maintenance of the back office toll processing system and all customer interface and payment services. Representation included coordination / negotiation with the concessionaire that is responsible for operating the Authority’s two most traveled toll roads. Nossaman’s contract terminated on Dec. 31, 2019, just ahead of the Authority’s receipt of proposals.

Illinois Department of Transportation – Alternative Project Delivery Programs. Key member of the legal team helping the Department develop an alternative project delivery program, with a focus on the use of the design-build, construction manager/general contractor and P3 delivery methods. Brandon’s services have included helping draft enabling legislation, meeting with industry representatives to address concerns regarding innovative project delivery, development of training manuals and assisting the agency in selecting potential projects for innovative delivery, including meeting with potential proposer teams regarding proposed projects.

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. We 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. Brandon played an integral role in the procurement and contract drafting processes for this groundbreaking project and advised the Department on contract implementation issues during the design and construction phases.

Florida Department of Transportation – PortMiami Tunnel. Key member of the legal team that advised on procurement, financing and delivery of the public-private partnership, which greatly reduced traffic in the Miami region. The $800 million availability payment project, which opened in August 2014, included construction of twin 42-foot tunnels under Biscayne Bay, linking Port facilities on Dodge Island, MacArthur Causeway and I-395. The project, which captured many honors, is open and currently in operation. Brandon assisted with risk allocation and drafting procurement and contract documents and advised the Department on contract administration issues during the design and construction phases.

Bernalillo County, New Mexico – Public Safety Training Academy Project. Leader of the legal team that advised on the procurement of a developer to design, develop, construct and maintain a new Public Safety Training Academy. Combined, the academy is estimated to be 37,500 square feet, with an additional 3,200 square foot apparatus bay and a five-story fire-training tower. The majority of project costs for the roughly $50 million project are to be repaid by the County through rent payments over the course of a 30-year lease of the new facility.

California Department of Transportation (Caltrans) – Public-Private Partnerships Program. Member of the legal team that represented Caltrans on its statewide innovative contracting program, including its procurement of the Presidio Parkway Project. Brandon assisted the agency with policy issues, development of procedures and methodologies for implementation of the contracting program and analysis of legislative matters.

Santa Clara Valley Water District – Anderson Dam Seismic Retrofit Project. Co-leader of the Nossaman team advising the District on its removal and replacement of Anderson Dam, including development of the procurement and contract documents for this estimated $2 Billion project.

Publications

Blog Posts

Speaking Engagements

News

Community & Professional

Mobility 21 Advisory Board, Member, 2023-Present

Honors & Recognitions

Los Angeles Times, B2B Publishing, “2024 Visionaries” in Commercial Real Estate, 2024

Listed, The Legal 500 United States, Industry Focus - Finance - Project Finance - Advice to Sponsors, 2021-2022

Outstanding Young Lawyer, J. Reuben Clark Law Society, Los Angeles Chapter, 2017

Selected to the Southern California Rising Stars list for 2009-2017

Selected as a Project Finance Rising Star by Law360, 2014 and 2016 (one of only five attorneys nationally to receive this honor)

Named to Daily Journal's Top 20 Under 40 list, 2016