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
Sigrid K. Asmundson

Sigrid K. Asmundson

Of Counsel

(916) 551-2853

Areas of Focus: Economic Development, Real Estate & Affordable Housing | Elections | Environmental Law & Natural Resources | Government Policy & Public Integrity | Municipal Law | Special Districts
Russell G. Behrens

Russell G. Behrens

Partner

(949) 263-6569

Areas of Focus: Environmental Law & Natural Resources | Environmental Litigation | General & Special Counsel | Public Agency Litigation | Special Districts | Water
Scott H. Campbell

Scott H. Campbell

Partner

(213) 617-7489

Areas of Focus: General & Special Counsel | Government Policy & Public Integrity | Health Care | Labor & Employment | Municipal Law | Public Agency Litigation | Public Contracts & Construction
Sonia Rubio Carvalho

Sonia Rubio Carvalho

Partner

(949) 263-2603

Areas of Focus: Economic Development, Real Estate & Affordable Housing | Elections | Government Policy & Public Integrity | Municipal | Public Contracts & Construction
Mary Beth Coburn, P.E.

Mary Beth Coburn, P.E.

Partner

(619) 525-1369

Areas of Focus: Business Services & School Facilities | Municipal Law | Public Agency Litigation | Public Contracts & Construction | School Finances, Developer Fees & Mitigation | Special Districts
Paula C. P. de Sousa Mills

Paula C. P. de Sousa Mills

Partner

(619) 525-1328

Areas of Focus: Environmental Law & Natural Resources | General & Special Counsel | Local Agency Formation Commission (LAFCO) | Municipal Law | Public Contracts & Construction | Special Districts
Steven C. DeBaun

Steven C. DeBaun

Partner

(951) 826-8201

Areas of Focus: Environmental Law & Natural Resources | Municipal Law | Special Districts | Transportation
Tyree K. Dorward

Tyree K. Dorward

Partner

(619) 525-1338

Areas of Focus: Business Services & School Facilities | Education Law | Public Contracts & Construction
Thomas J. Eastmond

Thomas J. Eastmond

Of Counsel

(949) 263-2601

Areas of Focus: Business | Business Litigation | Labor & Employment | Public Contracts & Construction | Real Estate
James B. Gilpin

James B. Gilpin

Partner

(619) 525-1341

Areas of Focus: Economic Development, Real Estate & Affordable Housing | Eminent Domain | Municipal Law | Public Agency Litigation | Public Contracts & Construction
Robert Hargreaves

Robert Hargreaves

Partner

(760) 837-1604

Areas of Focus: General & Special Counsel | Government Policy & Public Integrity | Municipal Law | Renewable Energy | Water
Craig Hayes

Craig Hayes

Associate

(760) 837-1612

Areas of Focus: Municipal Law | Public Contracts & Construction
John H. Holloway

John H. Holloway

Partner

(213) 617-7495

Areas of Focus: Eminent Domain | Environmental Litigation | Hazardous Waste | Public Agency Litigation | Public Contracts & Construction
Elizabeth W. Hull

Elizabeth W. Hull

Partner

(949) 263-2608

Areas of Focus: Economic Development, Real Estate & Affordable Housing | Eminent Domain | Environmental Law & Natural Resources | Municipal Law | Public-Private Partnerships
Marco A. Martinez

Marco A. Martinez

Partner

(949) 263-6582

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
Michael J. Maurer

Michael J. Maurer

Associate

(213) 787-2557

Areas of Focus: General & Special Counsel | Government Policy & Public Integrity | Municipal Law | Public Agency Litigation | Public Contracts & Construction
Seth Merewitz

Seth Merewitz

Partner

(916) 551-2843

Areas of Focus: Economic Development, Real Estate & Affordable Housing | Municipal Law | Public-Private Partnerships
William J. Priest

William J. Priest

Of Counsel

(909) 483-6648

Areas of Focus: Elections | Fees, Taxes & Assessments | Government Policy & Public Integrity | Municipal Law | Public Contracts & Construction
Hannah Schartiger

Hannah Schartiger

Associate

(619) 525-1395

Areas of Focus: Municipal Law | Public Contracts & Construction | Special Districts
A. Haviva Shane

A. Haviva Shane

Of Counsel

(951) 826-8289

Areas of Focus: Municipal Law | Public Contracts & Construction | Special Districts | Transportation | Water
Ann M. Siprelle

Ann M. Siprelle

Partner

(916) 551-2834

Areas of Focus: Environmental Law & Natural Resources | General & Special Counsel | Municipal Law | Public Contracts & Construction | Special Districts
Ethan J. Walsh

Ethan J. Walsh

Partner

(916) 551-2825

Areas of Focus: Economic Development, Real Estate & Affordable Housing | General & Special Counsel | Government Policy & Public Integrity | Municipal Law | Public Contracts & Construction
Kevin Wang

Kevin Wang

Associate

(916) 551-2095

Areas of Focus: Environmental Law & Natural Resources | Environmental Litigation | Municipal Law | Public Agency Litigation | Public Contracts & Construction
Wendy Y. Wang

Wendy Y. Wang

Of Counsel

(213) 787-2554

Areas of Focus: Environmental Law & Natural Resources | Environmental Litigation | Municipal Law | Public Contracts & Construction | Special Districts | Water
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

Event Aug 2, 2017

Buy America: Navigating The Present And Contemplating The Future

TRB's 56th Annual Workshop on Transportation Law

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 9, 2017

Haviva Shane Video Bio

Of Counsel

Event Apr 21-24, 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 6, 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 Feb 27 - Mar 1, 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 24-27, 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 2, 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 3, 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 6, 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

Key Contacts

Connected Industries

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