Simon J. Santiago

Simon Santiago handles contractual, procurement, development and construction issues for the largest transportation, transit and multi-modal projects in the U.S. Public sector clients seek his guidance in creating successful infrastructure projects through innovative procurement, financing and delivery methods including public-private partnerships (P3s).

Given his broad experience, he often advises industry leaders and policymakers on emerging federal legislative and policy issues involving transportation. At the state level, Simon helped develop P3-enabling legislation, procedures and programs in Maryland, Virginia, North Carolina and Georgia. He also counseled the Pennsylvania Turnpike Commission, the North Carolina Turnpike Authority and Port Authority of New York and New Jersey on state and federal law governing all-electronic toll systems.

Before joining Nossaman in 2006, Simon was a litigator with a construction and government contract law firm in Northern Virginia, where he advised public- and private-sector clients on disputes involving large and complex infrastructure projects. He also served as a judicial clerk with the General Services Board of Contract Appeals, assisting in legal analysis of contract claims and disputes. This collective experience has helped him anticipate potential risks and adjust procurement and contracting strategies accordingly.

Experience

Georgia State Road and Tollway Authority – SR 400 Express Lanes. Leader of the legal team advising the Authority on the procurement involving the addition of 16 miles of tolled express lanes along SR 400 in Fulton County, Georgia. The project is being procured as a revenue risk, design-build-finance-operate-maintain project, with the Authority performing certain tolling services for the developer pursuant to a separate tolling services agreement.

Maryland Transit Administration and Maryland Department of Transportation – Purple Line Light Rail. Co-leader of the legal team for the procurement of Maryland’s first transit P3 project awarded in 2016. After the concessionaire’s design-build contractor left the project in fall of 2020, we advised MTA/MDOT on the negotiation of an amended P3 agreement and resolicitation of a replacement design-build contractor. The $3.4 billion (capital cost), 16.2-mile light rail system will significantly facilitate mobility between the Maryland suburbs and Washington, D.C. The amended project reached financial close in April 2022. Nossaman continues to advise MDOT/MTA in the implementation of the amended P3 agreement. Simon helped to develop procurement and contract documents for the project, including participation in the pre-RFP industry review process, and is advising MDOT/MTA on contract administration issues.

Chesapeake Bay Bridge and Tunnel District – Parallel Thimble Shoal Tunnel. Co-leader of the legal team advising on the design and construction of a new $756 million tunnel beneath the Thimble Shoal Channel in Virginia’s lower Chesapeake Bay. The second two-lane tunnel will expand capacity and improve safety for travelers utilizing the Chesapeake Bay Bridge-Tunnel, the sole connection between Delmarva Peninsula and the Hampton Roads area. Simon advised on the procurement of the design-build contract and is assisting the district on contract administration issues.

Louisiana Department of Transportation and Development – Belle Chasse Bridge & Tunnel Replacement. Key member of the legal team that advised on the LA DOTD’s first P3 project procured under new P3 authority. The project will replace the aging Judge Perez Bridge and Belle Chasse Tunnel in Plaquemines Parish with a toll facility. Simon led the drafting and negotiations of the design-build-finance-operate-maintain agreement and assisted in the concurrent commercial and financial closing. The project closed in December 2019, and is a revenue risk project with a capital cost of $169 million.

Massachusetts Bay Transportation Authority – Commuter Rail Fiber Optic Resiliency Design Build Project (Package 1). Key member of the legal team that advised on the project to design, supply, install and test a new fiber optic resiliency systems on the MBTA’s New Hampshire and Fitchburg main lines, which will support MBTA’s Positive Train Control program and Automatic Train Control program. The $78 million design-build contract was awarded in the Fall of 2022. Simon led the team on the development of the design-build contract.

Massachusetts Bay Transportation Authority – Green Line Extension Project. Key member of the legal team that advised on 5-mile extension of the Green Line light rail. The agency retained Nossaman to examine the deployed construction manager/general contractor delivery method, consider alternatives and make recommendations on the optimal delivery method going forward. Following the termination of existing contracts, Nossaman guided the agency on the procurement for a design-build contract to complete the project, which included the use of an affordability limit and identified six prioritized scope additives. The project was completed in December 2022.

District of Columbia Department of Transportation – South Capitol Street Corridor Project. Leader of the legal team that advised on the procurement of a $441 million design-build project that will involve the removal and replacement of the Frederick Douglass Memorial Bridge, construction of bridge approach ovals, reconstruction of adjacent streets and related bridge and interchange infrastructure rebuilding and replacement. The new bridge was opened in September 2021. Simon assisted the Department on the development of the procurement and contract documents and monitoring of the procurement process.

North Carolina Department of Transportation – I-77 Managed Lanes Project. Co-leader of the legal team that advised on the procurement of a $600 million highway improvement project, which was the state’s first toll concession. The project is the first hybrid toll concession model to structure a credit support vehicle for lenders in conjunction with a traditional toll revenue risk concession. The project opened for operation in 2019. Simon assisted with the structuring, development, procurement and administration of the P3 and advised the transportation agency on legislative and regulatory changes needed to create a P3 program.

Virginia Department of Rail and Public Transportation – Dulles Corridor Metrorail Project Phase 1. Co-leader of the legal team that advised on procurement of a $2.9 billion project to extend the Metrorail to Fairfax County. The project, which included 11.7 miles of track and five new stations, was the first phase of the 23-mile Silver Line. Phase 1 of the $1.6 billion design-build project opened in July 2014. Simon assisted the Department in negotiating the design-build contract.

Metropolitan Washington Airports Authority – Dulles Corridor Metrorail Project Phase 2. Leader of the Nossaman team that advised on the procurement of a $2.7 billion Metrorail extension in Fairfax and Loudon counties, including Washington Dulles International Airport. The 11.4-mile, six-station project is the second phase of the 23-mile Silver Line. Phase 2 opened in November 2022. Simon assisted the Authority in developing the procurement documents and the design-build contract.

Virginia Department of Transportation – Coalfields Expressway. Leader of the legal team that advised on a four-lane highway project connecting I-77/I-64 to U.S. Route 23. The transportation department took an innovative approach – utilizing coal mining operations and equipment to provide a rough-grade roadbed, to substantially reduce anticipated delivery costs. Simon assisted the department in drafting and negotiating the preliminary engineering and design-build agreements.

Virginia Department of Transportation – Elizabeth River Tunnels Project. Leader of the legal team that advised on a groundbreaking toll concession P3 procurement for a major tunnel and highway project to improve traffic in the Norfolk-Portsmouth region. A key feature of the $2.1 billion project is a new two-lane tunnel between Norfolk and Portsmouth – the first all-concrete highway tunnel in the U.S. designed to function under deep water. Other improvements include upgrades to the existing Midtown and Downtown tunnels and an extension of the MLK Freeway, with tolling for new and existing portions. A Skanska/Macquarie led-team is developing the 58-year DBFOM project via a $422 million TIFIA loan, $663.75 million in PABs, $310 million from VDOT and up to $272 million in private equity. The project achieved financial close in April 2012 and the new tunnel opened to traffic in the summer of 2016. In 2012, Project Finance magazine honored it as North American Toll Road Deal of the Year and Infrastructure Journal awarded it Global Transport Deal of the Year.

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. Nossaman 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. Simon assisted with procurement and contract documents and the financing structure. 

Blog Posts

Speaking Engagements

News

Community & Professional

American Road and Transportation Builders Association, Past President, Public-Private Partnership Division

District of Columbia Bar Association, Government Contracts and Litigation Section

George Mason University, P3 Center for Transportation Policy, Advisory Board Member

Virginia State Bar Association, Construction and Public Contract Law Section

American Bar Association, Public Law Section, Forum on the Construction Industry

National Filipino American Lawyers Association, Founding Member, DC Chapter

Honors & Recognitions

Included in The Best Lawyers in America^© for Transportation Law, 2020-2025

Selected to the Super Lawyers list for 2014-2017