Public Contracts

Overview

Public procurements and construction contracts often entail complex relationships between public agencies and contractors, subcontractors, engineers, architects and so forth.  Given this and that project’s scope may change throughout the process, we work hard to protect our public agency clients, including how to best address budget concerns and avoid contract disputes.  Our services encompass everything from prequalification and bid specification review through to resolution of claims.
 
Meyers Nave’s highly-skilled team of attorneys understands the complexities of procurement and construction laws as well as their interplay with the numerous statutes and regulations governing such projects, including the California Environmental Quality Act (CEQA), the new “Green Building” and energy standards, and the Public Contracts Code.
 
On behalf of our clients, we draft and review contracts, bid documents, prequalification and debarment of contractors and professional services agreements to ensure that they can maximize resources and limit liability.  Further, we work hard to help clients prepare and analyze surety bonds, review indemnity claims, and resolve work scope and design responsibility issues.

Subpractices

  • Given that lawsuits can sever relationships and prove costly, we strive to reach agreement through mediation and arbitration. However, at times, litigation is necessary.

  • As legal counsel, we recognize our responsibility in ensuring that competition in the bid process is open and fair to stave off costly pre-award/post-award challenges that can significantly delay a much-needed project.

  • Meyers Nave provides public contract advice and support at the initial planning stage on matters including environmental review, permitting and project delivery methods. We have assisted in standard renovations to more complex, unique projects.

  • We advise our clients on the potential impacts of federal and state prevailing wage statutes and regulations, notably the Davis-Bacon Act and the California Labor Code, related to proposed transactions and public projects, including public-private partnerships.

  • We have drafted general terms and conditions for construction specifications, including sections relating to Minority and Women Business Enterprise rules in a post-Proposition 209 environment. We are also familiar with the implications of Coral Construction v. City and County of San Francisco, which successfully challenged Proposition 209.

  • We have prepared and reviewed procurement contracts for the purchase of high technology information systems and specialized equipment. Some of these purchases include hydropower turbines, replacement generator fan blades for a geothermal power plant, horizontal drilling equipment, disinfection chemicals for a wastewater treatment plant, VOIP systems and cable television compression equipment.

Publications