Business Contracts, Construction, and Facilities

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

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

We provide assistance in all areas of contracts, including transportation, ride-share, travel vendors, software licensing, food services, janitorial services, credit card use, purchasing, licensing, international student programs, technology, telecommunications, fundraising, and donations. We also work with clients to assess potential liabilities, risks, and problems associated with each contract, and assist clients to negotiate terms and conditions to address such issues.

We advise on the full spectrum of construction issues, from pre-development to post-construction.  We draft,  review, and negotiate construction contracts, architect and engineering agreements, and construction management agreements.  We have specialized knowledge of payment and performance issues and revisions project owners should make to standard AIA forms.

We assist clients in acquiring, selling, dedicating, leasing, or entering into other arrangements for use of real property. In addition, we advise and assist clients on issues relating to the use, maintenance, operation, and conditions of their facilities; and we advise clients on legal compliance, and restrictions, pertaining to rental income. 

We negotiate and prepare agreements between our clients and other nonprofit and tax-exempt entities. These agreements may cover joint facilities use; sale, lease, exchange, or dedication of real property; exchange of services; cost-sharing of personnel; and risk management and insurance joint powers authorities.

Our services include reviewing and drafting contracts, negotiating contract terms and conditions, and advising clients regarding applicable laws. We also handle disputes arising out of business transactions and defend and prosecute litigation if such disputes cannot be resolved informally.

We advise on the full spectrum of construction issues, from pre-development to post-construction.  We draft and review construction contracts, payment and performance surety bonds, architect and engineering agreements, and construction management agreements.  

We assist clients in acquiring, selling, dedicating, leasing, or entering into other arrangements for use of real property. We also advise and assist clients on issues relating to the use, maintenance, operation, and conditions of their facilities; and advise clients on legal compliance, and restrictions, pertaining to rental income.

We represent nonprofit clients in spin-offs, mergers, conversions, sale of assets (including the purchase and sale of real estate), and dissolutions. When required, we assist clients in obtaining the Attorney General’s consent to such transactions. We are also available to help assist nonprofit organizations in forming affiliated relationships between 501(c)(3) organizations and 501(c)(4) organizations.

We negotiate and prepare agreements between our clients and other nonprofit and tax-exempt entities. These agreements may cover joint facilities use; sale, lease, exchange, or dedication of real property; exchange of services; cost-sharing of personnel; and risk management and insurance joint powers authorities.