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
Areas of Focus: Business | Business Litigation | Labor & Employment | Labor & Employment Litigation | Public Agency Litigation | Public Contracts & Construction
Areas of Focus: Bankruptcy | Government Policy & Public Integrity | Municipal | Public Agency Litigation | Renewable Energy
Areas of Focus: General & Special Counsel | Government Policy & Public Integrity | Health Care | Labor & Employment | Municipal Law | Public Agency Litigation | Public Contracts & Construction
Areas of Focus: Economic Development, Real Estate & Affordable Housing | Election Law | Government Policy & Public Integrity | Public Contracts & Construction
Areas of Focus: Business Services & School Facilities | Municipal Law | Public Agency Litigation | Public Contracts & Construction | Special Districts
Areas of Focus: Public Contracts & Construction | Real Estate | Special Districts | Trusts & Estates
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: California Public Records Act | Economic Development, Real Estate & Affordable Housing | Government Policy & Public Integrity | Land Use, Planning & Zoning | Municipal Law | Public Contracts & Construction
Areas of Focus: Business Services & School Facilities | California Public Records Act | Education Law | Public Contracts & Construction
Press Releases Apr 01, 2021

JD Supra Recognizes BB&K Attorneys With 2021 Readers’ Choice Awards

Construction Law Top Author and a Top-Read Tax Article

Legal Alerts Jan 05, 2021

New Public Agency Laws on Safety, Finance, Contracting and More

Part 1: New Laws Impacting California Public Agencies for 2021

Legal Alerts Dec 17, 2020

Taxpayer Actions Can be Used to Challenge Government Contracts Even After Contract Completion

California Court of Appeal Decision in School District Case Applies to Public Agencies

Press Releases Nov 05, 2020

BB&K’s 2021 Best Law Firms Rankings Include New Tier 1 Recognitions

Annual U.S. News & World Report and Best Lawyers List

Press Releases Sep 15, 2020

D.C. Litigator Lisa A. Bell Joins BB&K Labor & Employment Practice

Former Senior Counsel and Trial Attorney in the D.C. AG's Office

Press Releases Sep 11, 2020

BB&K Attorney Nicholaus Norvell Named a Top 40 Under 40 in San Diego

San Diego Daily Transcript Recognizes Young Professionals

Press Releases Aug 20, 2020

36 BB&K Attorneys Recognized on The Best Lawyers in America List for 2021

Three Named “Lawyers of the Year” and One Included on “Ones to Watch” List

BB&K Webinar Jun 03, 2020

Leveraging CDBG-CV and Other Federal Funding Grant Opportunities for COVID-19 Response

BB&K Free Webinar

Press Releases May 04, 2020

Two BB&K Attorneys Among JD Supra Top Authors List

Housing Webinar by Partners Ruben Duran and Michael Maurer Among Most Popular Posts

BB&K Webinar Apr 22, 2020

Part Two: Leveraging FEMA and Other Federal Grant Funding Opportunities for COVID-19 Response

BB&K Free Webinar

BB&K Webinar Apr 07, 2020

Leveraging FEMA and Other Federal Grant Funding Opportunities for COVID-19 Response

BB&K Free Webinar

Legal Alerts Jan 08, 2020

New Housing & Land Use, Local Government and Public Contracting Laws

Part 2: California Laws Impacting Public Agencies for 2020

Legal Alerts Jan 03, 2020

Only a Contracting Party May Sue Under Government Code Section 1092

Calif. Supreme Court: San Diegans for Open Government v. Public Facilities Financing Authority of the City of San Diego

Press Releases Jan 02, 2020

Eight BB&K Attorneys Promoted to Partner

Additional Changes at Firm Reflect Growth, Diversification

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

Videos Oct 30, 2019

[WEBINAR] Housing and Land Use Legislative Update

BB&K Webinar

Videos Jul 29, 2019

[WEBINAR] Innovative Partnerships to Overcome Housing Challenges in Communities

BB&K Webinar

Videos Jul 12, 2019

[WEBINAR] Focusing on the “US” in HoUSing: Merging Housing, Transportation, Incentives and Community

BB&K Webinar

BB&K In the News Mar 11, 2019

Construction Traffic Plan MOU

BB&K Attorneys Acknowledged for Contribution in the Hermosa Beach Patch

Event Mar 04, 2019

P3 for Small and Mid-Sized Public Agencies

Public-Private Partnership Conference & Expo

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

Jan 24, 2019

[WEBINAR] The Cost of Doing Business: Best Practices for Public Works Projects - Part Two

BB&K Two-Part Webinar

Legal Alerts Jan 22, 2019

Court Broadens Scope of Prevailing Wage Law for Special Districts

California Appellate Court Decision in Kaanaana v. Barrett Business Services, Inc.

Legal Alerts Jan 10, 2019

New Year, New Laws Impacting Public Agencies in California – Part II

Housing and Land Use and Environmental Laws Saw Changes in 2019

Legal Alerts Jan 02, 2019

New Disability Access Informational Notices Required in California

AB 3002 Took Effect Jan. 1

Press Releases Dec 19, 2018

Cities’ Struggles to Meet Obligations Are Real — BB&K Municipal Law Team Grows to Help

New and Expanded Services and More Attorneys and Staff Added in 2018

Nov 14, 2018

[WEBINAR] The Cost of Doing Business: Best Practices for Public Works Projects - Part One

BB&K Two-Part Webinar

Press Releases Oct 04, 2018

BB&K Partner Seth Merewitz Named a Top 100 Attorney

Daily Journal Recognizes California’s Best

Legal Alerts Oct 02, 2018

AB 2035: New Tax Increment Financing for Shelters and Affordable Housing

California Lawmakers Continue to Address Housing Crisis

Legal Alerts Aug 23, 2018

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

UPCCA Update Takes Effect Jan. 1

Videos Aug 14, 2018

Michael Jenkins Video Bio

Of Counsel

Legal Alerts Jul 26, 2018

Federal Draft Infrastructure Bill Released

Aims to Provide Revenue to Repair Failing Infrastructure

BB&K In the News Jun 01, 2018

Brent Collinson Admitted to U.S. Supreme Court Bar

Attorney Recently Merged Firm with BB&K, Sierra Sun Reports

Event Apr 18, 2018

Closing the Deal: Understanding Key Contract Terms to Finalize Your Purchases

California Association of Public Procurement Officials

Authored Articles & Publications Mar 30, 2018

Disaster-Response Decision-Making: Is Your Agency Prepared?

BB&K Attorneys Mary Beth Coburn and Rebecca Chaparro Write About Disaster Preparedness in PublicCEO

Legal Alerts Mar 22, 2018

Government Contractor Recovers Bid Preparation Costs After Project Wrongly Awarded

California Appellate Court Expands Court’s Equitable Authority

Legal Alerts Feb 12, 2018

Federal Infrastructure Outline Released

Details Local Agencies Need are Included

Legal Alerts Jan 31, 2018

A Peek Inside the Trump Infrastructure Plan: What Local Government Agencies Should Know

The State of the Union Address and a Leaked Memo Give the Insight We’ve Been Waiting For

Legal Alerts Jan 10, 2018

2018 California Public Agency Laws – Part II

Housing and Land Use, Environment, Public Property/Public Works and Economic Development

Event Nov 16, 2017

Groundwater Sustainability Plans, Prevailing Wage Requirements

CARCD's 72nd Annual Conference

Nov 08, 2017

[WEBINAR] SB 96: Department of Industrial Relations’ New Prevailing Wage Penalties

BB&K Municipal Law Webinar Series

BB&K Event Nov 01, 2017

Tax Reform: What D.C.'s Actions Could Mean for Public Agencies

BB&K Free Webinar

Nov 01, 2017

[WEBINAR] Tax Reform: What D.C.'s Actions Could Mean for Public Agencies

BB&K Webinar

Legal Alerts Oct 16, 2017

The Governor’s Housing Package

Affordable Housing Production in California Gets a Boost from Sacramento

Client Successes Aug 14, 2017

RCTC Secures TIFIA Funds for Important Highway Infrastructure Project

BB&K Advised on $152.2 Million TIFIA Loan

Authored Articles & Publications Jul 26, 2017

Independent Contractors & Consultants Acting on Government Contracts May be Subject to Conflict of Interest Laws

By Gary W. Schons and Michael Maurer

Legal Alerts Jun 28, 2017

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

New California Law Takes Effect Immediately

Videos May 09, 2017

Haviva Shane Video Bio

Of Counsel

BB&K In the News Apr 06, 2017

Aliso Viejo Kicks Off Public Meetings on Town Center's Future

BB&K Partner Seth Merewitz Discusses Development with the Orange County Register

Client Successes Mar 29, 2017

State Route 91 Express Lanes

BB&K Helped RCTC Pave the Way

Event Jan 24, 2017

Doing Business with Government Agencies

CAPPO Conference and Supplier Exposition

Legal Alerts Jan 18, 2017

The Trump Infrastructure Plan

How BB&K Can Help Your Agency Position and Respond

Legal Alerts Dec 22, 2016

Looking Forward: New California Laws for Public Agencies

Laws Passed in 2016 That Will Impact Public Agency Work

Legal Alerts Dec 02, 2016

Claims Resolution Procedure Changes

Public Works Contract Disputes Impacted by New California Law

Videos Nov 30, 2016

Elizabeth Hull Video Bio


Videos Nov 18, 2016

William J. Priest Video Bio

Of Counsel

Legal Alerts Aug 22, 2016

Public Agency Not Subject to 60-Day Limit

California Appellate Court Finds Contract Void Under Government Code Section 1090

Legal Alerts Jun 03, 2016

City Slapped Down on anti-SLAPP Claim

Details of a Potential NFL Deal for Carson Not of Public Interest, Court Says

Legal Alerts Mar 15, 2016

CSDA Call to Action: SB 885

Legislation Would Limit Design Professionals’ Liability on Public Contracts

Legal Alerts Dec 18, 2015

New California Laws Impacting Public Agencies

This comprehensive round-up includes new legislation that will impact cities, counties, special districts and schools.

Legal Alerts Jul 30, 2014

Public Bleachers Constructed Prior to the ADA Don’t Need Additional Improvements if a Viable Alternative is Offered

Published Case Provides Blueprint for Viable Alternative Seating

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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