Public Contracts & Construction

Complying with the never-ending changes in law and the ever-increasing statutory requirements that apply to public works projects — and then overcoming the many other challenges that arise — requires transactional experience, legal knowledge and litigation skill.

Best Best & Krieger LLP attorneys regularly provide guidance to cities, counties, special districts, transit and transportation authorities, water agencies, school districts, colleges and universities, community services districts, local agency formation commissions and other public entities on all aspects of public contracting, from planning and property acquisition through construction and project closeout. We assist with procurement needs, draft and negotiate all transactional documents, prepare bid packages, advise on construction and risk management, and resolve disputes when they arise.

Our attorneys fully grasp the interplay of statutes and regulations that govern projects, from the Public Contract Code to Labor Code and environmental permitting requirements, enabling us to assure legal compliance and reduce the risk of delay and liability exposure.

Broad Experience
BB&K has advised on a wide range of public works projects, including transportation systems, water storage and transmission facilities, wastewater treatment and recycling systems and educational facilities. With a California-licensed professional civil engineer and other degreed engineers on our team, we offer not just legal prospective, but industry knowledge and first-hand experience in designing and constructing public facilities.

Comprehensive Service and Proactive Guidance
Working proactively with clients, we help maximize resources, contain costs and avoid delays, disruptions and disputes. BB&K attorneys draft and review all documentation, including land acquisition contracts, professional services agreements and bid documents. Additionally, we assist our public agency clients with:

• Environmental review and compliance
• Real estate acquisition, land use, zoning and permitting issues
• All construction delivery methods including design-bid-build, design-build, design-bid-build-operate, CM-multiple prime, CMAR, CM/GC and P3
• Financing
• State and federal funding requirements
• Labor laws applicable to public works projects, including state and federal prevailing wage law compliance
• Professional services consultant agreements
• Bidding procedures and protests
• Contract administration, including change orders, performance and payment bonds issues, insurance claims and coverage, and warranties
• Contractor defaults, claims and stop-payment notices
• Claims management and all forms of dispute resolution