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


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


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 

Jan 11, 2017 Tips from the Table

Developing Your Influencing Skills

Limited Discussion of Non-Agendized Items
Nov 3, 2016 Business & Facilities

Limited Discussion of Non-Agendized Items

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Jul 8, 2016 Press Release

Seven LCW Attorneys Selected to the 2016 Northern California Super Lawyers and Rising Stars

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May 16, 2016 Press Release

LCW is Named A Top 15 Law Firm for Minority Attorneys

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Apr 18, 2016 Press Release

LCW is Named A Top 5 Best Law Firm for Female Attorneys

On April 17, 2016, Law360 published their second annual 100 Best Law Firms for Female Attorneys and The Best Law Firms For Female Partners lists that surveyed law firms across the United States. We are proud to announce that Liebert Cassidy Whitmore was ranked in the

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Business & Facilities

Charter School Resource Centers Authorized by a School District Must be Located Within the District’s Boundaries with Limited Exceptions.

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Our People

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With 5 offices across California, our attorneys are always nearby. Whether you are seeking legal advice and counsel, or simply looking to schedule a preventative training workshop, we are here to help!

Emerging Legal Issues for  Private Schools
Jan 17, 2017 Seminars / Webinars
Mandated Ethics for Public Officials
Jan 18, 2017 Seminars / Webinars

Mandated Ethics for Public Officials

Speaker: Che I. Johnson
File That! Best Practices for Document and Record Management
Jan 19, 2017 Seminars / Webinars
Regular Rate of Pay – Making It Simple (Southern California)
Jan 26, 2017 Seminars / Webinars
Unfair Practice Charges and PERB
Feb 1, 2017 Seminars / Webinars

Unfair Practice Charges and PERB

Speaker: Gage C. Dungy
Regular Rate of Pay – Making It Simple (Northern California)
Feb 7, 2017 Seminars / Webinars
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Please contact Cynthia Weldon, Director of Marketing & Training, 310.981.2000.