4th Ave. Underpass Rises to $46M

Penny Cobey, an expert in construction law with the firm McKenna Long & Aldridge in Los Angeles, said she was surprised the city went forward with projects when designs were that incomplete.

Cobey, who has worked on construction contracts for 26 years, said hiring contractors on qualifications without regard to price is unusual and isn't allowed in many states, although it is in Arizona.

However, she said the bidding process isn't the necessarily the culprit, as much as the people running it. A "construction manager at risk" process, which includes cost controls, is used by the most sophisticated cities or owners for the most complex projects.

If the traditional design-bid-build contracting is the four-door sedan of government contracting, Cobey said, the "construction manager at risk" process is the Maserati. If someone not sophisticated enough to drive the car crashes it, "It's not the fault of the Maserati," Cobey said.

To view this article in its entirey, please access the August 8th edition of the Arizona Daily Star.