Facilities & Construction

Supporting clients through preconstruction funding, bidding, and compliance

Before construction even begins, F3 attorneys help districts through the funding and public bidding processes, including supporting districts in instituting and administering bond programs, developing RFPs, managing the bidding process and related disputes, the prequalification process and oversight, contractor administration, change order disputes and negotiations, and prevailing wage and labor compliance issues. We also strategically advise and represent clients in navigating a broad range of complex environmental and zoning issues, including preparation and certification of documents in accordance with the California Environmental Quality Act (CEQA), Department of Toxic Substances Control (DTSC) compliance, air quality and greenhouse gas assessment, environmental mitigation monitoring, and compliance with all federal and state environmental rules and regulations.

Providing guidance on bond financing

F3 attorneys are experienced in advising school districts regarding use of bond funds and the implications of these funding mechanisms on public construction projects, as well as conflict-of-interest considerations and related concerns associated with bond campaigns and public messaging. Several of our attorneys have also provided statewide presentations alongside Fiscal Crisis and Management Assistance Teams (“FCMAT”) and county office of education officials.

Guiding schools through all phases of construction

Our experience covers all areas of new construction, renovation and modernization, including drafting and upgrading construction contracts and front-end documents and advising on construction delivery methods, as well as all procurement matters. We pride ourselves on creating strong working relationships and maintaining open communication with project teams to work collaboratively to achieve project completion. Our extensive contracting experience includes a wide range of architect, contractor, and construction manager contracts as well as traditional bid-build construction agreements and alternative project delivery systems such as construction-manager-at-risk, lease-leaseback, and design-build agreements. At every phase of the construction project, we’re there to help ensure regulatory compliance, schedules are met, changes are managed properly, labor issues are resolved, and costs are managed.

Managing the post-construction process

Once construction is completed, the project closeout phase begins, and F3 is there to help with such processes as claim preparation and analysis. At a project’s conclusion, contractors are typically closing the project on their end and tabulating costs, which often results in contractor claims that may be difficult to resolve. Project closeout claims may be for contractor costs such as unresolved change orders, materials storage, project security, parking, clean-up, or other costs. Because of the positive relationships and communications we establish with contractors, these claims are often negotiated amicably. If not, however, we are fully prepared to advocate our client’s position in any dispute-resolution forum.

Avoiding and resolving construction disputes

Facilities and construction litigation comes in many forms, such as contractor defaults, surety disputes, extra work, delay and stop notice claims, construction consultant disputes, and false claims issues. But most litigation has two things in common. First, it’s time-consuming, expensive, and a distraction. Second, it can generally be avoided with thoughtfully negotiated and drafted agreements up front. Our experience as litigators is precisely what helps us prevent the causes of most litigation. But be assured: when disputes can’t be prevented, F3 attorneys are skilled advocates in settlement negotiations, mediation, and arbitration – how most disputed are resolved – and skilled trial lawyers in state and federal courts.

Implementing renewable energy strategies

When facilities and construction projects involve efforts to incorporate energy efficiency and/or use of renewable energy, public entities such as school districts rely on F3’s experience to provide guidance. We have extensive experience with a wide variety of renewable energy transactions, such as negotiating solar power purchase agreements, purchasing and installing solar power systems, and negotiating buyouts of systems installed in decades past. Working closely with our clients, we seek to identify cost savings measures and additional benefits to on-site solar production systems that both produce clean, reliable energy for district operations and provide such resources at a fraction of the cost of more traditional energy sources.

Use of Facilities

Our real property specialists regularly draft and negotiate easements, restrictive covenants, joint use agreements, facility use agreements, leases, and subleases related to surplus school sites, athletic fields and other recreational facilities, as well as property access agreements associated with cell tower installations and Civic Center Act uses of public property. We also provide districts with necessary support and guidance regarding inverse condemnation and eminent domain matters.