John P. Smolen counsels public entities, private concessionaires/contractors, and financing parties in large, complex design-build, public-private partnership (P3/PPP), CM/GC, and other alternative project delivery (APD) civil and social infrastructure projects across the country. John co-leads the firm's P3/Infrastructure Group.
John has played a leading role in the procurement, negotiation, financing, and administration of several P3 and other APD projects in the transportation, transit, energy, and social infrastructure spaces. John has represented public clients in several states, as well as developers and lenders in several horizontal and vertical infrastructure projects from statutory drafting, through program and template development, pre-procurement, deal structuring, procurement, and negotiation, to post-selection commercial and financial close, with additional experience in implementation, administration, and dispute avoidance/resolution.
Experience
Representative Matters
- Indiana Department of Transportation – progressive Design-Build, CM/GC counsel for the program, developing template procurement and transaction documents
- Nebraska Department of Transportation – CM/GC and design-build counsel for client program developing template CM/GC procurement and transaction documents, and co-lead counsel for initial design-build project
- City of Nome, Alaska (Port of Nome) – lead P3 project counsel of landside and seaside development of Arctic Deep Draft Port
- Counsel to the startup renewable energy developer, financing party in connection with suite of commercial installations
- Pennsylvania Department of Transportation – co-lead P3 counsel to the for the Major Bridges P3 PDA/DBFM project
- New Jersey Transit – Microgrid project – counsel to the advisory team in connection with a traction power resiliency project
Professional Highlights
Pro Bono Experience
Professional Activities
Maryland State Bar Association
Recognition & Accomplishments
Chambers Global, "Up and Coming," Projects: PPP, 2022, 2023
Chambers USA, Projects: PPP (nationwide) "Up and Coming," 2021, 2022; Band 4, 2023
Legal 500, Finance - Project Finance, 2022, 2023; Industry Focus - Energy: Renewable/Alternative, 2023
Recent Speaking Engagements
Panelist, Innovations in Infrastructure, Drexel University and Bond Dealers of America, December 8, 2022
Panelist/Moderator: P3 and Green Highways: Environmental Policy and Energy Issues that Attend the Transition to EV/AV, Ballard Spahr 10th Annual Green Infrastructure Conference, October 2022
Panelist/Moderator: EVs/AVs – What to Do to Get Ready and Make it Happen, the P3 Conference, March 2022
Panelist/Moderator, Reprise: Contractors in P3 Transactions, Climate Resiliency P3’s, the P3 Government Conference, December 2021
Panelist/Moderator, Contractors in P3 Transactions, the P3 Conference, September 2021
Related Insights
Credentials
Education
University of Kansas School of Law (J.D.)
Editor-in-Chief, Kansas Journal of Law & Public Policy
Virginia Polytechnic Institute and State University (M.A.)
U.S. Naval Academy (B.S., with merit)
Admissions
Maryland
District of Columbia
Kansas
U.S. Supreme Court