John P. Smolen

Partner

Baltimore

Tel 410.528.5582
Fax 410.528.5650

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 progressive and alternative project delivery (APD) civil and social infrastructure projects across the country. John co-leads the firm's Infrastructure Group.

Chambers Global describes John as "a great problem-solver [with] good deal intuition." He 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.

Services

Experience

Representative Matters

Indiana Department of Transportation – progressive Design-Build, CM/GC counsel for the program, developing template procurement and transaction documents, as well as NEVI implementation counsel
Private Sector Infrastructure Developer – Owner's counsel to the startup renewable energy developer, financing party in connection with suite of commercial installations
Private Sector Infrastructure Developer – Sponsor's counsel to social infrastructure developer consortium in procured pre-development P3 for urban transit and transit-adjacent/TOD project
Private Sector Infrastructure Developer – Developer's counsel to social infrastructure developer in bond-financed sportsplex
Pennsylvania Department of Transportation – co-lead P3 counsel for the Major Bridges P3 PDA/DBFM project

University of Idaho – co-lead P3 counsel on the campus master developer P3 project
University of Florida – co-lead P3 counsel on the central energy plant design-build-finance-operate-maintain project
New Jersey Transit – Microgrid project – counsel to the advisory team in connection with a traction power resiliency project
Georgia Department of Transportation – co-P3 counsel on the East and West Interchange design-build-finance projects, lead counsel on design-build procurement and transaction document suite refresh and initial implementation
Virginia Department of Transportation – design-build and P3 counsel/co-counsel on transactions, including the Capital Beltway NEXT Project and the U.S. Route 121 (f/k/a Coalfields Expressway), Poplar Creek Phase A, U.S. 460 Connector Phase II comprehensive agreement, design-build contract program
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
Maryland Transit Administration and Maryland Department of Transportation –primary legal team, advising on procurement, contract, financing, and contract administration matters to Maryland's first transit P3 project, the Purple Line Light Rail availability payment P3 transit project, at financing the largest P3 transit availability payment project in the U.S.
Indiana Department of Transportation/Indiana Finance Authority – Design-Build Best Value and P3 co-counsel on transactions, including the East End Crossing (Lewis and Clark Bridge), the first bridge procured via an availability payment P3 transaction in the United States, and the North Split design-build project
Private Sector Infrastructure Developer – Counsel to lenders, developer in phased parking and environmental resiliency project in historic city center
Private Sector Infrastructure Developer – Sponsor’s counsel to bidder consortium on a jurisdiction’s first large-scale civil infrastructure P3
Private Sector Social Infrastructure Developer – Developer’s counsel and P3 counsel to social infrastructure projects on both coasts
Private Sector Lenders’ Counsel – Lenders’ counsel in P3 procurements in the social infrastructure, horizontal infrastructure, and university energy spaces spanning the country
Private Sector Heavy Industry Client – Coal Processing Facility – Lead counsel to a private sector client in development of an EPC project to design and build a commercial scale coal processing facility
Private Sector Renewable Energy Project Developer – Renewable Energy Projects. Counsel to an early-stage development client in renewable energy power producing facilities in the mountain states and Hawaii
Private Sector Wind Energy Project Owner – Renewable Energy Projects. Counsel on a portfolio of joint project development efforts for renewable energy projects throughout the Midwest, representing the owner in project development and construction matters
P3 counsel to several universities in energy monetization, student housing, and mixed-use developments

Professional Highlights

Pro Bono Experience

As part of his pro bono practice, John has represented a non-profit transitional program on real estate, finance, and corporate matters, military veterans before the U.S. Department of Veterans Affairs on issues relating to benefits, persons in asylum proceedings, and homeless/at-risk clients in criminal record expungement proceedings.

Professional Activities

Maryland State Bar Association

Recognition & Accomplishments

Chambers Global, "Up and Coming," Projects: PPP, 2022, 2023; Band 4, 2024

Chambers USA, Projects: PPP (nationwide) "Up and Coming," 2021, 2022; Band 4, 2023, 2024

Legal 500, Finance - Project Finance, 2022-2024; Industry Focus - Energy: Renewable/Alternative, 2023, 2024

Select Recent Speaking Engagements

"Predevelopment P3's as a Risk Management Approach," International Bridge, Tunnel and Turnpike Association Annual Meeting, October 2024

"To P3 or Not to P3," Government Finance Officers Association, Annual Conference, June 11, 2024

"Building Strong P3 Collaborations," Mac & Bleu Podcast, November 13, 2023

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

Colorado

U.S. Supreme Court