While it was eager to advance the project, with an estimated cost of over $665 million NCDOT determined that it would not have sufficient funds to complete the I-77 Express Lanes for at least 20 years. However, by using a DBFOM contract with a private developer, NCDOT determined it could accelerate the project by leveraging a private partner's upfront financing.
The state legislature had also been contemplating the use of public-private partnerships in North Carolina and approved House Bill (HB) 1077 in July of 2012. The law permitted NCDOT to "enter into partnership agreements with private entities" to "plan, design, develop, acquire, construct, equip, maintain and operate transportation infrastructure in the State," using tolls as the primary funding source. In addition, HB 1077 required that the use of P3 procurements be approved by the North Carolina Board of Transportation.