Meyers Nave’s Public Contracts Practice Group advises clients at all stages of contract procurement and construction—from pre-project planning and the bidding process to procurement of professional services and project closeout. We also represent clients in claims resolution, litigation and appeals. Our goal is to help clients move projects forward to successful completion.
Our team has complete knowledge of construction and procurement law and the complex interplay of these laws with the statutes, regulations and local ordinances governing public projects. These include the competitive bidding rules under the California Public Contract Code, California Environmental Quality Act, prevailing wage rules under the Labor Code and Davis-Bacon Act, green building and energy standards, local hiring preferences and Disadvantaged Business Enterprise rules, negotiation of Project Labor Agreements, and conflict of interest rules under the California Political Reform Act and Government Code 1090.
Meyers Nave helps clients with the development and updating of procurement policies and processes, including assessing contract forms, recommending revisions, developing contracting and risk management strategies, and creating re-usable standard contract forms.
Meyers Nave attorneys have prepared hundreds of consulting service agreements, including professional, skilled tradesmen and general service agreements, ranging from architects and master planners to project and construction managers.
Our team assists with preparing and drafting (1) prequalification questionnaires and RFPs, (2) professional services contracts, (3) terms and conditions, (4) construction contract specifications, including Minority and Women Business Enterprise rules and (5) bid protest rules.
TECHNOLOGY & EQUIPMENT CONTRACTS
We have prepared contracts for the purchase of major software application systems and high-technology equipment, such as the management of application service provider technologies and purchase of enterprise information technology suites, as well as procurement contracts for specialized equipment such as hydropower turbines and drilling equipment.
CONTRACTUAL LIABILITY ALLOCATIONS
Meyers Nave is well acquainted with all aspects of contractual and risk allocations designed to spread risk among project participants, including our specialized knowledge related legal limitations of California public agencies.
PREVAILING WAGE COMPLIANCE
We advise on the impact of prevailing wage statutes and regulations on proposed transactions and projects, counsel on compliance, and handle enforcement hearings before the California Department of Industrial Relations.
Meyers Nave has worked on design-build and design-bid-build construction projects for various clients, including community colleges, hospitals, community swimming pools, solar energy projects, and wastewater treatment plants.
DISPUTE RESOLUTION AND LITIGATION
With our in-depth public contract experience, we know which issues typically lead to disputes and claims, and we help mitigate such issues upfront in the specifications for a project. Although we emphasize and are skilled at avoiding and resolving disputes prior to and during projects, we also provide dispute resolution services after completion, up to and including litigation and appeal.