LCW advises public and private education, special district, and nonprofit 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
