Navigate the minefields of California procurement code and public contracting.
This presentation will focus on key legal issues pertaining to procurement, conflicts of interest, prevailing wage compliance, statutory claim procedures, close-out, and prompt payment of retention. We will cover more than just the nuts and bolts and provide industry perspectives on the most important issues and offer suggestions on how to find the right balance at each stage.
Learning Objectives
- You will be able to review the scope and implications of Government Code Section 1090 the newly enacted exceptions in Section 1097.6.
- You will be able to recognize examples of Section 1090 violations in light of the newly en-acted exceptions in Section 1097.6, and the current status of qui tam standing to challenge contracts.
- You will be able to describe the requirements for bid documents and contract documents to comply with prevailing wage laws and potential consequences for non-compliance in project planning and administration.
- You will be able to identify management and legal strategies for addressing project change, delay, and payment issues.
Agenda
Government Code Section 1090
- Application to Independent Contractors
- Standing
- Code Section 1096.7
Procuring Consultants, Architects, Engineers, Construction Managers
- Prop 35
- Federally Funded Procurement
Scope and Enforcement of Prevailing Wage Laws
- Requirements in the Bid Documents
- Requirements in the Contract Documents
Small Group Breakout Session/Activity
Break
Enforcing the Contract on Public Works Claims
- Public Contract Code 7105 (D)(2)
- Notice of Claim Requirements
Managing Delay Claims as They Arise
- Verifying Notices, Information and Schedule Updates
- Requiring Proof of Delays to the Critical Path
Timely Payment of Progress Payments and Retention
- Progress Payments
- Retention
Small Group Breakout Session/Activity
Q and A
Speakers
Douglas M. McManamon, Esq.,
Meyers Nave- Principal in Meyers Nave’s Construction and Facilities Practice Group
- Degree in architecture and five years of experience practicing architecture for schools and large scale commercial projects
- More than ten years of experience practicing construction law with significant experience in complex construction litigation, including payment disputes, mechanic's lien and stop notice actions, construction defect, delay and disruption claims, differing site conditions, and insurance recovery
- Complex trial experience includes hospital design error and omission
- Advises on all aspects of project design, construction administration and claims
- Selected as a “Rising Star” in Construction Litigation by Northern California Super Lawyers
- Can be contacted at dmcmanamon@meyersnave.com or 800-464-3559
Eric J. Firstman, Esq.,
Meyers Nave- Practice Group Leader of Meyers Nave’s Construction and Facilities Practice Group and Public Contracts Practice Group
- Advises clients on all aspects of planning, procurement, design, construction, administration, contract compliance, completion, closeout, dispute resolution and complex litigation on projects varying from small, general projects to large, complicated projects such as airports, hospitals and seaports
- Tried to final judgment complex construction cases in state and federal bench trials and jury trials, state bench trials, AAA Arbitrations, JAMS Arbitrations
- Charter Fellow and member of the Advisory Board of the Construction Lawyers Society of America, a Fellow of the Litigation Counsel of America, Achieved the highest rating by Martindale-Hubbell
- Listed in Northern California Super Lawyers in Construction Litigation (10 years)
- Can be contacted at efirstman@meyersnave.com or 800-464-3559
Who Should Attend
This live webinar is designed for attorneys, presidents, vice presidents, purchasing professionals, construction and project managers, administrators, city officials, engineers, architects, owners, contract managers, planners, and government contractors.
