Business, Construction, and Facilities

Business, Construction, and Facilities

LCW represents and advises public education clients and special districts on a broad spectrum of issues relating to business, construction, and facilities.  LCW handles both transactions and litigation, no matter how complex.  Our services include items listed below.

Areas in which we work

Business

LCW is a trusted advisor to its public education and special district clients on a variety of issues they are likely to encounter in day to day operations.  We advise and represent clients in all phases of transactions involving vendor and consultant contracts, energy efficiency contracts, purchase and service contracts, leases, and other business arrangements.  Our services include reviewing and drafting contracts, negotiating contract terms and conditions, and advising clients regarding applicable laws.  Our goal is to ensure our public education and special district clients are properly protected to avoid unnecessary risk under business contracts.  We also handle disputes arising out of business transactions, and defend and prosecute litigation if disputes cannot be resolved informally.

Our services include advice on issues related to the following:

  • Vendor contracts & purchasing (equipment, materials, supplies)
  • Professional services
  • Special services
  • Rental agreements; equipment leasing
  • Credit card use; ATM machines; vending machines
  • Waivers & releases
  • Indemnification agreements
  • Warranty agreements
  • Transportation issues
  • Consultant services (financial, investment, security, food services, transportation, lifeguards, vending machines, public relations, etc.)
  • Software and licensing agreements
  • Non-disclosure agreements
  • Document retention
  • Website terms & conditions
  • Cyber security & cyber breach
  • ADA accessible technology & services
  • Trademark/Copyright
  • Foundations & Auxiliary Organizations
  • Policies & Procedures
  • Public Records Act Requests
  • Brown Act
  • Fundraising (Auctions, Raffles, Gifts)
  • Political activity/ Political Reform Act
  • Redistricting/Voting Rights Acts
  • Financial Aid
  • Student Health Center issues
  • Student Fees
  • Student programs (including exchange students, transitional kindergarten)
  • International student services
  • Piggyback Bidding
  • California Multiple Award Schedule (CMAS) requirements
  • Workforce Investment Act
  • Artificial Turf
  • Surplus Property
  • Student field trips/Permission Slips
  • Other Business Transactions and Agreements

Construction

LCW advises public education and special district clients on all phases of construction, from pre-development through completion, as well as construction defect issues.  We advise on various project delivery methods including design-bid-build, design-build, and lease-leaseback.  We handle all aspects of competitive bidding, including notice and publication requirements, competitive selection requirements and procedures (including best value selection) and requests for proposals.  We assist with requests for qualifications, prequalification of bidders, bid protests, rejection of apparent low bidders, bid withdrawal, and award of contracts.  We also advise clients on the course of construction issues relating to change order disputes, withholding, and release of project funds, prompt pay statutes, contractor termination issues, takeover agreements, and completion issues.

We draft and review all construction-related documents, including an invitation to bid, requests for proposals, general conditions, construction agreement documents, payment and performance surety bonds, architect and engineering agreements, and construction management agreements. 

We represent public education and special district clients in all aspects of litigation against contractors, sureties, construction managers, architects and other design professionals, the California Labor Commissioner, and insurance companies.  We specialize in construction litigation matters involving payment and performance issues, including delay and disruption claims, stop payment notice actions, breach of statutory provisions, and breach of contract. 

LCW advises on laws applicable to construction projects, including:

  • California’s Prompt Pay Act
  • California’s Subletting and Subcontracting Fair Practices Act (“Subcontractor Listing Law”)
  • California Environmental Quality Act (“CEQA”)
  • Americans with Disabilities Act (“ADA”)
  • Green Construction Standards & LEED
  • Contractor Licensing Laws
  • Uniform Public Construction Cost Accounting Act
  • Business & Professions Code, Education Code, Public Contract Code, Civil Code

LCW handles issues relating to:

  • Pre-development
  • Change order disputes
  • Release of project funds from escrow accounts
  • Prompt pay statutes
  • Mechanic’s liens & stop payment notices
  • Retention & progress payment disputes
  • Payment bonds
  • Performance bonds
  • Project delay, disruption & acceleration
  • Prevailing wage laws
  • Labor compliance
  • Errors & omissions in plans & specifications
  • Liquidated damages
  • Contractor termination
  • Takeover agreements
  • Differing site conditions
  • Punch list
  • Close out and project completion
  • Construction defect
  • Warranty issues

Facilities & Real Property Issues

LCW assists public education and special district clients to acquire, sell, dedicate, lease, license, or enter into other arrangements for use of real property. We also represent clients in disputes involving real estate transactions and a breadth of facilities issues. We provide advice relating to:

  • Use, maintenance, and operation of facilities;
  • ADA accessibility
  • Surplus property
  • Telecommunications agreements
  • Easements & boundary disputes
  • Energy projects
  • Energy services contracts
  • Intergovernmental Agreements & Joint Powers Authorities
  • Dedication of real property
  • Emergency repairs
  • Lease, Lease-Purchase, and Lease-Revenue
  • Facility requirements
  • Emergency disaster plans
  • Relocatable structures
  • Faculty housing agreements
  • Field Act
  • Civic Center Act
  • Preschool facility requirements

News & Knowledge

& Knowledge View All News 

Feb 13, 2019 Tips from the Table

Constructive Receipt

To Recover Under Public Contract Code Section 5110, A Contractor Must Demonstrate That The Public Entity Caused A Defect In The Competitive Bidding Process, Not Merely That It Caused The Contract To Be Invalidated
Aug 20, 2020 Business & Facilities

To Recover Under Public Contract Code Section 5110, A Contractor Must Demonstrate That The Public Entity Caused A Defect In The Competitive Bidding Process, Not Merely That It Caused The Contract To Be Invalidated

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Aug 6, 2020 Business & Facilities

Community Colleges May Be Entitled To Reimbursement For Costs Associated With State-Mandated “Minimum Conditions”

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Mar 5, 2020 Business & Facilities

AB 456 – Extends Claim Resolution Process For Claims Arising During Public Works Projects

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Feb 20, 2020 Business & Facilities

AB 1303 – Extends To 2025 School Districts’ Ability To Charge For Certain Direct Costs Under The Civic Center Act

The Civic Center Act requires school districts to allow youth and community organizations to use school facilities and grounds. For that use, a school district may charge an amount not to exceed its direct costs. In 2012, a bill was passed that expanded the definition of direct costs to include a pr
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Blog Posts

Trend Alert: Closing the Wage Gap

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Contact Us

General Inquiries

info@lcwlegal.com

Contact a Specific Office

Our Locations

Media Inquiries

Please contact Cynthia Weldon, Director of Marketing & Training, 800.981.2000.

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