Business Services & School Facilities

Acquiring, maintaining and operating school facilities involves challenges at every stage. From siting, bidding and procurement to construction, asset management and ongoing operational issues, it takes a team to manage it all, and a skilled one to do it effectively.

Best Best & Krieger LLP (BBK) has just such a team. Our Business Services & School Facilities attorneys have decades of experience advising public and private schools, school districts, colleges, and universities on all of these matters and many others. We are familiar with the different types of issues that arise and have the experience to guide our clients through each challenge — providing practical, timely, and cost-effective counsel.

Drawing on the experience of attorneys in our highly regarded Environmental, Real Estate, Construction, Telecommunications, Litigation, and other practices, our attorneys navigate clients through the complex web of laws and regulations. These include land use, zoning and environmental restrictions, compliance with the California Environmental Quality Act (CEQA), California Department of Education and Department of Toxic Substances Control (DTSC) oversight, and legal requirements that apply to school site acquisition, construction, expansion, modernization, and adaption to new technologies.

We advise at every stage of facilities planning and development through post-completion operational issues, resolving disputes in and out of court, and assisting clients with:

Business Services, Facilities Planning and Procurement

Public contracts
Preparation of bidding documents and construction contract issues
Environmental compliance, including CEQA, DTSC, and stormwater permitting
Procurement of professional design and other consultants
Coordination with state agencies such as the State Allocation Board, the Office of Public School Construction and the Division of the State Architect

Labor/Employment/Professional Services and Vendor/Supplier Agreements

Facilities construction support
Change orders and construction claims
Liquidated damages, delay and time impact analysis
Stop notice claims
Proper project close-out procedures
Bid protests and subcontractor disputes
Prevailing wage/labor law issues

Purchase and Sale of Real Property

Surplus property procedures, 7-11 Committee and Naylor Act
Real property acquisition
Eminent domain proceedings
Exchange of property

Use of School Facilities

Lease and license agreements
Joint-use agreements with public and private entities
Civic Center Act and community use policies
Other asset management and post-development issues
Joint occupancy

Sustainability and Green Building

Procurement under California Government Code section 4217.10, et seq.
Alternative contract structures, such as power purchase agreements, design-build contracts, energy services agreements and performance-based contracts
Validation and enforcement of performance guarantees and LEED points

Energy Procurement Issues