Folks - Attached are the slides from Lacey and Megan's great CLE presentation today. We'll circulate the CLE number when approved. The CLE number from prior months are on the committee website.

Thanks to all who attended today. Have a great week.

Thanks for the presentation!  Lee raised a point that privately constructed
roads can last longer than normal FDOT specified road mixes.  This is not
magic or government inefficiency, Florida roads are designed using local
lime rock.  Roads can be made more durable by changing the rock used to
construct the roads.  Florida road can be made more durable by importing
granite from Canada.  The granite is often floated on a barge down to
Florida.  Florida specified roads are designed to use local lime rock that
is mined in Florida.  Locally mined rock benefits the Florida economy.
Importing granite from Canada benefits the Canadian economy to the detriment
of the Florida economy.  This can be significant if it is an 80 year
concessionaire contract.

In a "true" PPP project, the project becomes a "private" project, so public
prompt payment laws do not apply to protect subcontractors and material
suppliers.  Attorneys for subcontractors/material suppliers should ensure
the subcontract has provisions to ensure prompt payment.  Sub-subcontractors
are probably not covered under the payment bond.  The lack of prompt payment
laws and issues of payment bond coverage could allow a prime contractor on a
large PPP project to injury their smaller competitors.

My concern is the governmental lawyers might not be aware of some of issues
that may injure the Florida economy.

Mark Young, Esq., JD, MBA, BS Civ. Eng.

Board Certified in Construction Law

Construction Panel Member, American Arbitration Association

Shareholder, AS-BUILT LAW PLLC

Concentrating in Construction and Business Law

mailto:mark.young@asbuiltlaw.com mark.young@asbuiltlaw.com

1601 Belvedere Road, Suite E300, West Palm Beach, Florida 33406

Main: 561-340-3700

Cell:  561-719-1250

http://www.asbuiltlaw.com/ www.asbuiltlaw.com

https://www.linkedin.com/in/asbuiltlaw/
https://www.linkedin.com/in/asbuiltlaw/

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From: RPPTL constructionlaw constructionlaw@lists.flabarrpptl.org
Sent: Monday, September 14, 2026 2:01 PM
To: RPPTL constructionlaw constructionlaw@lists.flabarrpptl.org
Subject: [RPPTL-constructionlaw] Powerpoint from Today's CLC Presentation

Folks - Attached are the slides from Lacey and Megan's great CLE
presentation today. We'll circulate the CLE number when approved. The CLE
number from prior months are on the committee website.

Thanks to all who attended today. Have a great week.

--
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Mark,

I fear I didn’t make myself clear.  I never said privately constructed roads can last longer than FDOT mixes.  I used that as an example (from the 595 reversible lanes) of a private company’s proprietary asphalt mix that was sold as being better than FDOT mixes, but that wasn’t the important part.  The important part was the private company taking on a multi-year guarantee to stand behind that mix, such that they had maintenance responsibilities for the life of the project.  That isn’t something available to a public entity just issuing an RFP and is a benefit to the public beyond lowest price for the work.

Also “true” PPP projects are not “private” projects.  They are always public projects, because the public still owns the property.  They are just procured in a non-traditional way.

Perhaps you and I need to talk and I invite you to call me at your convenience and we can discuss the multi-faceted considerations in P3s and benefits to the public.  I was merely responding to your suggestion that getting the lowest price was a paramount consideration in awarding an unsolicited proposal because it is not.  There are other benefits to such an award beyond the couple of benefits I raised in our meeting.  Please call me if you wish to discuss this further.

Lee

Lee A. Weintraub
Shareholder
Chair, Public Private Partnerships Practice Group
Vice Chair, Construction Law and Litigation Practice Group
Board Certified in Construction Law
Becker & Poliakoff
1 East Broward Blvd., Suite 1800
Ft. Lauderdale,
FL
33301
954.985.4147
954.985.4176
lweintraub@beckerlawyers.com
www.beckerlawyers.com
Connect with me on LinkedIn
Follow Becker on...
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From: RPPTL constructionlaw constructionlaw@lists.flabarrpptl.org
Sent: Monday, September 14, 2026 2:49 PM
To: constructionlaw@lists.flabarrpptl.org
Subject: [RPPTL-constructionlaw] Re: Powerpoint from Today's CLC Presentation

Thanks for the presentation! Lee raised a point that privately constructed roads can last longer than normal FDOT specif͏​​‌͏
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Thanks for the presentation!  Lee raised a point that privately constructed roads can last longer than normal FDOT specified road mixes.  This is not magic or government inefficiency, Florida roads are designed using local lime rock.  Roads can be made more durable by changing the rock used to construct the roads.  Florida road can be made more durable by importing granite from Canada.  The granite is often floated on a barge down to Florida.  Florida specified roads are designed to use local lime rock that is mined in Florida.  Locally mined rock benefits the Florida economy.  Importing granite from Canada benefits the Canadian economy to the detriment of the Florida economy.  This can be significant if it is an 80 year concessionaire contract.

In a “true” PPP project, the project becomes a “private” project, so public prompt payment laws do not apply to protect subcontractors and material suppliers.  Attorneys for subcontractors/material suppliers should ensure the subcontract has provisions to ensure prompt payment.  Sub-subcontractors are probably not covered under the payment bond.  The lack of prompt payment laws and issues of payment bond coverage could allow a prime contractor on a large PPP project to injury their smaller competitors.

My concern is the governmental lawyers might not be aware of some of issues that may injure the Florida economy.

Mark Young, Esq., JD, MBA, BS Civ. Eng.
Board Certified in Construction Law
Construction Panel Member, American Arbitration Association
Shareholder, AS-BUILT LAW PLLC
[cid:image001.jpg@01DD445A.6E041690]
Concentrating in Construction and Business Law
mark.young@asbuiltlaw.commailto:mark.young@asbuiltlaw.com
1601 Belvedere Road, Suite E300, West Palm Beach, Florida 33406
Main: 561-340-3700
Cell:  561-719-1250
www.asbuiltlaw.comhttps://links.us1.defend.egress.com/Warning?crId=6aa8438b016ee48eebd33df3&Domain=beckerlawyers.com&Threat=eNpzrShJLcpLzAEADmkDRA%3D%3D&Lang=en&@OriginalLink=www.asbuiltlaw.com&Base64Url=eNrLKCkpsNLXLy8v10ssTirNzCnJSSzXS87P1QcAhEIJwA%3D%3D
https://www.linkedin.com/in/asbuiltlaw/https://links.us1.defend.egress.com/Warning?crId=6aa8438b016ee48eebd33df3&Domain=beckerlawyers.com&Threat=eNpzrShJLcpLzAEADmkDRA%3D%3D&Lang=en&@OriginalLink=www.linkedin.com&Base64Url=eNoFwksKACAIBcAb-fbdxj6QZBZoeP2YmRHXC5CZpGJrdDFqZ0MM7PWJhnLiAyXuDrY%3D

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From: RPPTL constructionlaw <constructionlaw@lists.flabarrpptl.orgmailto:constructionlaw@lists.flabarrpptl.org>
Sent: Monday, September 14, 2026 2:01 PM
To: RPPTL constructionlaw <constructionlaw@lists.flabarrpptl.orgmailto:constructionlaw@lists.flabarrpptl.org>
Subject: [RPPTL-constructionlaw] Powerpoint from Today's CLC Presentation

Folks – Attached are the slides from Lacey and Megan’s great CLE presentation today. We’ll circulate the CLE number when approved. The CLE number from prior months are on the committee website.

Thanks to all who attended today. Have a great week.

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