Marcus J Lemon

Mr. Lemon has more than 18 years of experience in contracts, construction, real estate, infrastructure, public private partnerships (P3s), project finance, transportation, and government affairs.  His P3 practice includes highway, bridge, toll, borders, rail, transit, port, energy, parking, water, and social infrastructure P3 projects.  He was previously appointed by President George W. Bush to be Chief Counsel to the Federal Highway Administration (FHWA), where he served as the agency's lead advisor to the Federal Highway Administrator and other senior officials on public-private partnerships (P3s) and project finance.  During his tenure he was instrumental in several successful P3 initiatives and the development of multiple tolling and congestion relief projects of national significance.  As FHWA Chief Counsel, Mr. Lemon was instrumental in the development of the Transportation Border Congestion Relief Program, and assisted in the development of the Office of Innovative Program Delivery (the P3 division of FHWA).  He also frequently represented FHWA on the USDOT Credit Council, and was instrumental in the streamlining and overhaul of the joint Transportation Infrastructure Finance and Innovation Act (TIFIA) Program and its procedures.  His experience includes extensive work on TIFIA and Private Activity Bond (PAB) transactions. 

 

Notable engagements include:

 

 

 

·         Representation of the largest North American privately-owned, international toll bridge company, in successfully closing a P3 transaction involving $53 million in USDOT toll credits.

 

 

 

·         Representation of an international toll bridge company in successfully advancing a $500 million dollar P3 bridge project before a state legislature.

 

 

 

·         Representation of a U.S. port facility and a Class I rail carrier in successfully obtaining a $20 million TIGER-1 Grant from USDOT for its $200 million post-Panamex expansion plan.

 

 

 

·         Representation of a Class II rail carrier in developing a successful application for a TIGER-3 Grant.

 

 

 

·         Representation of a Class II rail carrier in obtaining RRIF Loans and a Railroad Rehabilitation and Repair Grant for areas of its line located within a federally declared disaster area.

 

 

 

·         Representation of a privately-owned port concessionaire in its bid to acquire a post-Panamex ready seaport facility on the east coast.

 

 

 

·         Representation of an international alternative energy company in development of its transportation-generated energy projects and services.

 

 

 

·         Expert witness for three U.S. cities in a P3 litigation matter involving redevelopment of a controversial interstate toll bridge.

 

 

 

·         Representation of a Fortune 500 fare collection systems contractor in federal contracting strategies for P3s involving transit fare collection systems.

 

 

 

·         Counseling of a national transportation consulting firm in its development of P3 policies and procedures for FHWA.

 

 

 

·         Representation of a Class I and II rail carrier in federal government relations before USDOT and FRA.

 

 

 

His P3 practice also includes municipal and social infrastructure P3 projects that involve facilities for energy, water, telecommunications, parking, and public use buildings.  Notable social P3 engagements include:

 

 

 

·         Representation of the receivership of a distressed U.S. city in a $130 million P3 transaction involving the sale of its waste-to-energy plant.

 

 

 

·         Representation of a $2.2 billion greenfield fiber optic line and data center P3 project under construction in the northeast U.S.

 

 

 

·         Representation of a national construction company in bidding for development of a public facility P3.

 

 

 

Mr. Lemon also regularly provides litigation counseling and expert testimony in various transportation matters such as tolling litigation, federal contract litigation, false claim cases, FHWA/SBA/DBE fraud cases, forfeiture cases, debarments, arbitrations, and P3 matters before various courts and legislative bodies.  He is also an approved Arbitrator with the American Arbitration Association for infrastructure, construction, and P3 cases.  He also represents various transportation developers, construction entities, and public authorities on transportation regulatory matters, procurements, and waivers.  Notable regulatory and expert services engagements include:

 

 

 

·         Appellant counsel for a defendant shareholder of a highway construction company in the largest DBE/SBA Fraud case in the western U.S. involving FHWA contracts.

 

 

 

·         Representation of a construction company in settlement of a DBE fraud case with DOJ involving FHWA contracts.

 

 

 

·         Served as co-counsel for a debarred defendant involved in the largest DBE Fraud case in FHWA history.

 

 

 

·         Representation of an international toll bridge authority on Buy America Waiver issues.