Case Study: Owner’s Late Right-of-Way Acquisition Delays Construction Start in Georgia (2019)

Project Overview
• Name: SR-400 Widening and Interchange Improvements
• Location: Fulton County, Georgia
• Year: 2019
• Project Size: $210 million
• Scope: Highway widening and interchange reconfiguration with major embankment and utility work
• Lead Agencies/Contractors: Georgia Department of Transportation (GDOT) /

Category of the Issue, Problem, or Challenge
• Contract Owner
• Right-of-Way & Permitting

Summary of the Issue, Problem, or Challenge
Despite awarding the construction contract, GDOT had not secured key parcels required for grading and staging. This led to significant delays in the project’s critical path.

Root Cause Analysis

• Parcel acquisitions were behind schedule due to internal administrative backlog.
• Environmental permitting linked to those parcels was also delayed.
• The bid package did not clearly indicate outstanding right-of-way risks.

Impacts Due to the Issue, Problem, or Challenge

• Contractor could not mobilize for 4+ months on key work areas.
• Daily standby and escalation claims reached $3.4 million.
• Project start date missed, affecting subsequent regional traffic relief plans.

Corrective Actions Taken

1. GDOT instituted a new milestone-based right-of-way readiness certification.
2. Bid documents now include parcel status trackers with risk disclosures.
3. Early legal review protocols for eminent domain proceedings implemented.

Lessons Learned

• Right-of-way clearance must precede contract award to avoid idle time.
• Owners should disclose all land acquisition risks in bid documents.
• Parallel tracks for permitting and acquisition create compounding delays.

Audit & Prevention: Project Control Questions to Ask on Future Projects to Help Control the Situation

• Are all parcels and access rights fully secured before NTP?
• Has environmental clearance been confirmed for all work areas?
• Are right-of-way risks disclosed transparently in pre-bid documents?