Business Services & School Facilities

Acquiring, maintaining and operating school facilities involves challenges at every stage. From siting, bidding and procurement to construction, asset management and ongoing operational issues. It takes a team to manage it all, and a skilled one to do it effectively.
Best Best & Krieger LLP has just such a team. Our education practice attorneys have decades of experience advising public and private schools, school districts, colleges and universities on all of these matters and many others. We are familiar with the different types of issues that arise and have the experience to guide our clients through each challenge — providing practical, timely and cost-effective counsel.
Drawing on the experience of attorneys in our highly regarded environmental, real estate, construction, telecommunications, litigation and other practices, our attorneys navigate clients through the complex web of laws and regulations. These include land use, zoning and environmental restrictions, compliance with the California Environmental Quality Act, California Department of Education and Department of Toxic Substances Control oversight, and legal requirements that apply to school site acquisition, construction, expansion, modernization and adaption to new technologies.
We advise at every stage of facilities planning and development through post-completion operational issues, resolving disputes in and out of court and assisting clients with:
Business Services, Facilities Planning & Procurement

  • Public contracts
  • Preparation of bidding documents and construction contract issues
  • Environmental compliance – CEQA, DTSC and stormwater permitting
  • Procurement of professional design and other consultants
  • Coordination with state agencies such as the State Allocation Board, the Office of Public School Construction and the Division of the State Architect

Labor/Employment/Professional Services and Vendor/Supplier Agreements

  • Facilities Construction Support
  • Change orders and construction claims
  • Liquidated damages, delay and time impact analysis
  • Stop notice claims
  • Proper project close-out procedures
  • Bid protests and subcontractor disputes
  • Prevailing wage/labor law issues

Purchase and Sale of Real Property

  • Surplus property procedures, 7-11 Committee and Naylor Act
  • Real property acquisition
  • Eminent domain proceedings
  • Exchange of property 

Use of School Facilities

  • Lease and license agreements
  • Joint-use agreements with public and private entities
  • Civic Center Act and community use policies
  • Other asset management and post-development issues
  • Joint occupancy

Sustainability and Green Building

  • Procurement under California Government Code section 4217.10, et seq.
  • Alternative contract structures, such as power purchase agreements, design-build contracts, energy services agreements and performance-based contracts
  • Validation and enforcement of performance guarantees and LEED points

Energy Procurement Issues


  • Broadband, Wi-Fi procurement
  • Public, educational and government access channels
  • Internet connections
  • E-Rate funding
Areas of Focus: Business Services & School Facilities | Municipal Law | Public Finance | School Finances, Developer Fees & Mitigation
Areas of Focus: Board Governance & Administration | Business Services & School Facilities | Charter Schools | Education Law | Education Litigation | Special Education
Areas of Focus: Environmental Law & Natural Resources | General & Special Counsel | Local Agency Formation Commission (LAFCO) | Municipal Law | Public Contracts & Construction | Special Districts
Areas of Focus: Environmental Law & Natural Resources | Municipal Law | Special Districts | Transportation
Areas of Focus: Fees, Taxes & Assessments | General & Special Counsel | Municipal Law | Public Finance
Areas of Focus: Business Services & School Facilities | California Public Records Act | Education Law | Public Contracts & Construction
Areas of Focus: Board Governance & Administration | Business Services & School Facilities | Charter Schools | Education Law | Special Education | Student Affairs
Areas of Focus: Board Governance & Administration | Business Services & School Facilities | Charter Schools | Education Law | Special Education | Student Affairs
Areas of Focus: Public Contracts & Construction
Areas of Focus: California Public Records Act | Education Law | Labor & Employment | Labor & Employment Litigation
Legal Alerts Jan 22, 2020

New Education Laws

Part 1: California Laws Impacting Schools and School Districts for 2020

Legal Alerts Dec 03, 2019

Single Contractor Not Precluded from Providing Both Design and Construction Services

Case Provides Valuable Guidance for Public Agencies Wanting One Contractor for Two Phases

Client Successes Feb 14, 2019

BB&K Defeats Program Management Services Contract Challenge

Los Angeles Community College District’s $80 Million Program Management Services Contract Properly Awarded, Court Finds

Legal Alerts Aug 23, 2018

Increased Bid Limits for Agencies Subject to Uniform Public Construction Cost Accounting Act

UPCCA Update Takes Effect Jan. 1

Legal Alerts Nov 06, 2017

California Water Providers Must Test for Lead in Local Schools’ Water by Mid-2019

AB 746 Imposes Requirements for Water Providers and School Districts

Legal Alerts Jun 28, 2017

Failure to Register Public Works Projects with DIR Could Result in Penalties

New California Law Takes Effect Immediately

Legal Alerts Apr 10, 2017

School Districts not Exempt from Paying Assessments to Fund Flood Control Services

California Appellate Court Finds Constitutional Mandate Supersedes Statutory Exemption

Legal Alerts Dec 02, 2016

Claims Resolution Procedure Changes

Public Works Contract Disputes Impacted by New California Law

Videos Nov 18, 2016

Kimberly A. Byrens Video Bio


Legal Alerts Sep 27, 2016

Lease-Leaseback Legislation Signed Into Law

California School District Construction Projects Will be Impacted

Legal Alerts Jul 10, 2014

All California Contractors and Subcontractors Involved with Public Works Projects Now Required to Register With State by March 1, 2015

Urgency Legislation SB 854 Passed by California Legislature

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