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: Municipal Law | Public Contracts & Construction
Areas of Focus: Business Services & School Facilities | California Coastal Act | California Environmental Quality Act (CEQA) | Environmental Law & Natural Resources | Environmental Litigation | Land Use, Planning & Zoning
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 | Elections | Government Policy & Public Integrity | Public Contracts & Construction
Areas of Focus: California Environmental Quality Act (CEQA) | California Public Records Act | Government Policy & Public Integrity | Land Use, Planning & Zoning | Municipal Law | Public Agency Litigation
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: Business Services & School Facilities | California Public Records Act | Education Law | Public Contracts & Construction
Areas of Focus: Economic Development, Real Estate & Affordable Housing | Eminent Domain | Municipal Law | Public Agency Litigation | Public Contracts & Construction
Areas of Focus: General & Special Counsel | Government Policy & Public Integrity | Municipal Law | Renewable Energy | Water
Areas of Focus: Municipal Law | Public Contracts & Construction
Areas of Focus: Eminent Domain | Environmental Litigation | Hazardous Waste | Public Agency Litigation | Public Contracts & Construction
Areas of Focus: California Public Records Act | Economic Development, Real Estate & Affordable Housing | Eminent Domain | Environmental Law & Natural Resources | Municipal Law | Public-Private Partnerships
Areas of Focus: Elections | Government Policy & Public Integrity | Land Use, Planning & Zoning | Municipal Law | Public Contracts & Construction | Special Districts
Areas of Focus: General & Special Counsel | Government Policy & Public Integrity | Municipal Law | Public Contracts & Construction | Special Districts
Areas of Focus: Economic Development, Real Estate & Affordable Housing | Environmental Law & Natural Resources | Government Policy & Public Integrity | Municipal Law | Public Contracts & Construction | Public-Private Partnerships
Areas of Focus: General & Special Counsel | Government Policy & Public Integrity | Municipal Law | Public Agency Litigation | Public Contracts & Construction
Areas of Focus: Economic Development, Real Estate & Affordable Housing | Municipal Law | Public-Private Partnerships
Areas of Focus: Environmental Law & Natural Resources | Real Estate | Special Districts | Water Rights
Areas of Focus: California Public Records Act | General & Special Counsel | Government Policy & Public Integrity | Municipal Law | Public Contracts & Construction | Special Districts
Areas of Focus: California Public Records Act | Elections | Fees, Taxes & Assessments | Government Policy & Public Integrity | Municipal Law | Public Contracts & Construction
Areas of Focus: Municipal Law | Public Contracts & Construction | Special Districts | Transportation | Water
Areas of Focus: California Public Records Act | Environmental Law & Natural Resources | General & Special Counsel | Municipal Law | Public Contracts & Construction | Special Districts
Areas of Focus: California Public Records Act | General & Special Counsel | Investigations | Public Agency Labor & Employment | Public Agency Litigation | Public Contracts & Construction
Areas of Focus: Economic Development, Real Estate & Affordable Housing | General & Special Counsel | Government Policy & Public Integrity | Municipal Law | Public Contracts & Construction
Areas of Focus: Environmental Law & Natural Resources | Environmental Litigation | Municipal Law | Public Contracts & Construction | Special Districts | Water
Areas of Focus: Environmental Law & Natural Resources | Environmental Litigation | Municipal Law | Public Agency Litigation | Public Contracts & Construction
Single Contractor Not Precluded from Providing Both Design and Construction Services
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

[WEBINAR] Housing and Land Use Legislative Update
Videos Oct 30, 2019

[WEBINAR] Housing and Land Use Legislative Update

BB&K Webinar

Housing and Land Use Legislative Update
BB&K Webinar Oct 30, 2019

Housing and Land Use Legislative Update

BB&K Free Webinar

Advancing the Policy Discussion Around Housing
BB&K Webinar Aug 08, 2019

Advancing the Policy Discussion Around Housing

BB&K Webinar Series: Innovating Livability for Communities

[WEBINAR] Innovative Partnerships to Overcome Housing Challenges in Communities
Videos Jul 29, 2019

[WEBINAR] Innovative Partnerships to Overcome Housing Challenges in Communities

BB&K Webinar

Innovative Partnerships to Overcome Housing Challenges in Communities
BB&K Webinar Jul 25, 2019

Innovative Partnerships to Overcome Housing Challenges in Communities

BB&K Webinar Series: Innovating Livability for Communities

[WEBINAR] Focusing on the “US” in HoUSing: Merging Housing, Transportation, Incentives and Community
Videos Jul 12, 2019

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

BB&K Webinar

BB&K Webinar Jul 11, 2019

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

BB&K Webinar Series: Innovating Livability for Communities

Construction Traffic Plan MOU
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

Event Feb 28, 2019

Development Agreements, Public-Private Partnerships and Redevelopment 2.0

University of California, Davis, Extension Course

BB&K Defeats Program Management Services Contract Challenge
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

[WEBINAR] The Cost of Doing Business: Best Practices for Public Works Projects - Part Two
Jan 24, 2019

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

BB&K Two-Part Webinar

BB&K Webinar Jan 24, 2019

The Cost of Doing Business: Best Practices for Public Works Projects

BB&K Free Two-Part Webinar

Court Broadens Scope of Prevailing Wage Law for Special Districts
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.

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

New Disability Access Informational Notices Required in California
Legal Alerts Jan 02, 2019

New Disability Access Informational Notices Required in California

AB 3002 Took Effect Jan. 1

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

BB&K Webinar Nov 29, 2018

Emergency Procurement & Contracting Essentials: Being Prepared for Federal Disaster Funding

BB&K Free Webinar

[WEBINAR] The Cost of Doing Business: Best Practices for Public Works Projects - Part One
Nov 14, 2018

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

BB&K Two-Part Webinar

BB&K Partner Seth Merewitz Named a Top 100 Attorney
Press Releases Oct 04, 2018

BB&K Partner Seth Merewitz Named a Top 100 Attorney

Daily Journal Recognizes California’s Best

AB 2035: New Tax Increment Financing for Shelters and Affordable Housing
Legal Alerts Oct 02, 2018

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

California Lawmakers Continue to Address Housing Crisis

Event Sep 12, 2018

LCC 2018 Annual Conference

League of California Cities

Event Aug 23, 2018

Resiliency Planning

IMLA Webinar

Increased Bid Limits for Agencies Subject to Uniform Public Construction Cost Accounting Act
Legal Alerts Aug 23, 2018

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

UPCCA Update Takes Effect Jan. 1

Michael Jenkins Video Bio
Videos Aug 14, 2018

Michael Jenkins Video Bio

Of Counsel

Federal Draft Infrastructure Bill Released
Legal Alerts Jul 26, 2018

Federal Draft Infrastructure Bill Released

Aims to Provide Revenue to Repair Failing Infrastructure

Brent Collinson Admitted to U.S. Supreme Court Bar
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

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

Government Contractor Recovers Bid Preparation Costs After Project Wrongly Awarded
Legal Alerts Mar 22, 2018

Government Contractor Recovers Bid Preparation Costs After Project Wrongly Awarded

California Appellate Court Expands Court’s Equitable Authority

BB&K Webinar Mar 06, 2018

What’s New in Environmental and Special Districts Law

BB&K Free Webinar Series

BB&K Webinar Feb 13, 2018

Free Municipal Law Webinar Series from BB&K

Legal Issues that Matter Most to California Cities

Federal Infrastructure Outline Released
Legal Alerts Feb 12, 2018

Federal Infrastructure Outline Released

Details Local Agencies Need are Included

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

2018 California Public Agency Laws – Part II
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 Jan 08, 2018

SB 96 – Prevailing Wage Compliance – Tips for Local Procurement Officials

101st Annual CAPPO Conference

Event Nov 28, 2017

ACWA Legal Affairs Committee CLE Workshop

Association of California Water Agencies

Event Nov 16, 2017

Groundwater Sustainability Plans, Prevailing Wage Requirements

CARCD's 72nd Annual Conference

[WEBINAR] SB 96: Department of Industrial Relations’ New Prevailing Wage Penalties
Nov 08, 2017

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

BB&K Municipal Law Webinar Series

Event Nov 02, 2017

Enhancing EIFDs

What Are the Challenges and Barriers and How Can They Be Addressed?

[WEBINAR] Tax Reform: What D.C.'s Actions Could Mean for Public Agencies
Nov 01, 2017

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

BB&K Webinar

BB&K Event Nov 01, 2017

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

BB&K Free Webinar

The Governor’s Housing Package
Legal Alerts Oct 16, 2017

The Governor’s Housing Package

Affordable Housing Production in California Gets a Boost from Sacramento

Event Oct 03, 2017

P3 Preparedness for Higher Education Projects

Public-Private Partnership Higher Education Summit

Event Sep 22, 2017

CUPCCAA: Public Works Simplified

California Association of School Business Officials

RCTC Secures TIFIA Funds for Important Highway Infrastructure Project
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

Failure to Register Public Works Projects with DIR Could Result in Penalties
Legal Alerts Jun 28, 2017

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

New California Law Takes Effect Immediately

Haviva Shane Video Bio
Videos May 09, 2017

Haviva Shane Video Bio

Of Counsel

Event Apr 21, 2017

IMLA’s 2017 Mid-Year Seminar

International Municipal Lawyers Association

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

State Route 91 Express Lanes
Client Successes Mar 29, 2017

State Route 91 Express Lanes

BB&K Helped RCTC Pave the Way

Event Mar 22, 2017

Implementing Public Works Projects through EIFDs & CRIAs

LCC Public Works Officers Institute

Event Mar 08, 2017

What Developers and Their Lawyers Need to Learn About Public-Private Partnerships

L.A. County Bar Association

Event Feb 27, 2017

Public Agency P3 Preparedness

2017 Public-Private Partnership Conference and Expo

Event Feb 16, 2017

Webinar: Emerging Topics in Local Economic and Infrastructure Development in California

Lorman Education Services

Event Jan 24, 2017

Doing Business with Government Agencies

CAPPO Conference and Supplier Exposition

The Trump Infrastructure Plan
Legal Alerts Jan 18, 2017

The Trump Infrastructure Plan

How BB&K Can Help Your Agency Position and Respond

Looking Forward: New California Laws for Public Agencies
Legal Alerts Dec 22, 2016

Looking Forward: New California Laws for Public Agencies

Laws Passed in 2016 That Will Impact Public Agency Work

Claims Resolution Procedure Changes
Legal Alerts Dec 02, 2016

Claims Resolution Procedure Changes

Public Works Contract Disputes Impacted by New California Law

Elizabeth Hull Video Bio
Videos Nov 30, 2016

Elizabeth Hull Video Bio

Partner

William J. Priest Video Bio
Videos Nov 18, 2016

William J. Priest Video Bio

Of Counsel

Public Agency Not Subject to 60-Day Limit
Legal Alerts Aug 22, 2016

Public Agency Not Subject to 60-Day Limit

California Appellate Court Finds Contract Void Under Government Code Section 1090

City Slapped Down on anti-SLAPP Claim
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

CSDA Call to Action: SB 885
Legal Alerts Mar 15, 2016

CSDA Call to Action: SB 885

Legislation Would Limit Design Professionals’ Liability on Public Contracts

New California Laws Impacting Public Agencies
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.

FAST Act Authorizes $305 Billion in Transportation Spending Over Five Years
Legal Alerts Dec 17, 2015

FAST Act Authorizes $305 Billion in Transportation Spending Over Five Years

Funds to Help Critical Transportation Projects to Move Forward

Event Sep 11, 2015

ACWA CLE 2015

Association of California Water Agencies

2014 Legislative Highlights
Authored Articles & Publications Apr 29, 2015

2014 Legislative Highlights

BB&K Attorney Michael Maurer Co-Authored a California Real Property Journal In-Depth Round-Up of the 2014 California Legislative Session

Losing Bidders Can Sue When Winners Don't Pay Prevailing Wages
Authored Articles & Publications Mar 13, 2015

Losing Bidders Can Sue When Winners Don't Pay Prevailing Wages

BB&K Attorney Michael Maurer Analyzes Recent California Appellate Case on Prevailing Wage Laws in Public Works Contracts in the Daily Journal

Event Feb 23, 2015

Reflections on the Keys to a Successful P3

The P3C Conference & Expo

New Law Changes Landscape for Public Projects
Authored Articles & Publications Jan 30, 2015

New Law Changes Landscape for Public Projects

BB&K Attorney Michael Maurer Discusses in the Daily Journal Two New Laws That Will Impact Contractors and Developers in Public Works Projects

Legislation Broadening Infrastructure Financing Districts Signed by Gov. Brown
Legal Alerts Oct 06, 2014

Legislation Broadening Infrastructure Financing Districts Signed by Gov. Brown

Four bills broaden the appeal of IFDs as a funding mechanism for local infrastructure, environmental mitigation, private industrial facilities, affordable housing and broadband

Court of Appeal Issues Decision Clarifying the Applicability of Prevailing Wage Law to Offsite Fabrication of Materials
Legal Alerts Sep 30, 2014

Court of Appeal Issues Decision Clarifying the Applicability of Prevailing Wage Law to Offsite Fabrication of Materials

Decision Impacts Public Works Projects in California

Press Releases Aug 14, 2014

Three BB&K Attorneys Among Daily Journal’s Top 50 California Development Attorneys for 2014

Partners Scott Campbell, Steven DeBaun and Michelle Ouellette Recognized for Projects that Transform the State

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

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