Posts in Facilities/Construction.

Recently, the California Court of Appeals, Fourth District, Division Two, issued its decision in Golden State Boring & Pipe Jacking, Inc. v. Eastern Municipal Water District, Safeco Insurance Company (2014 WL 3615942) with important implications regarding, among other things, when a stop notice may be deemed premature and ineffectual.

The Eastern Municipal Water District (“EMWD”) hired S.J. and ...

On February 26, 2014, the California Supreme Court granted a petition to review the recent Court of Appeal decision of Poole v. Orange County Fire Authority (2013) 221 Cal.App.4th 155.

In Poole, a firefighter relying on the Firefighters Procedural Bill of Rights Act convinced a California Court of Appeal to order an employer to strike daily logs of a firefighter’s poor performance that were maintained by ...

On May 19, 2014, AALRR won a motion dismissing a Complaint filed by a developer against a school district in which the developer sought a refund of parcel taxes previously assessed and paid pursuant to two voter-approved parcel tax measures.

The plaintiff, Golden Gate Hill Development Company (“Golden Gate”) filed the action in Alameda Superior Court against the Albany Unified School District ...

It is not an uncommon practice for unscrupulous and unlicensed contractors to “borrow” a licensed contractor’s license by designating a genuine licensee as a responsible managing employee (“RME”), even though that RME has little to do with supervising the work or managing the company.  Some of our school and community college district clients have suffered from poor work done by contractors ...

Join AALRR partner David Soldani as he participates in an interactive webinar for Strafford Publication, Inc. The panel discussion will focus on Renewable Energy Projects: Negotiating Power Purchase Agreements - Structuring Terms to Meet State and Federal Renewable Power Standards.

This live 90-minute CLE webinar with interactive Q&A will focus on PPA negotiations including a discussion of the key ...

On April 7, 2014, the State Allocation Board (SAB) released priority funds totaling $372,200,000 for school districts that submitted requests during the current round of priority funding.  SAB designated this release for 105 projects in 43 school districts.

In order to obtain funding apportioned to a specific project, school districts must submit a Fund Release Authorization Form to SAB by July 7, 2014.  The ...

Under the Civic Center Act (Education Code Section 38130 et seq.), every public school facility is considered a civic center where citizens, school-community councils, and clubs, as well as senior, recreation, education, political, artistic, and other organizations may meet. A school district may grant use of school facilities and grounds upon certain terms and conditions deemed proper by the governing ...

Under current law, postsecondary education institutions, including California Community Colleges, the University of California, and the California State University, are required to follow competitive bidding procedures to procure contracts for goods and services above a certain value.  With respect to California Community Colleges, Public Contract Code section 20651 requires competitive bidding ...

Public Contract Code section 20111.6, which goes into effect on January 1, 2014, requires school districts to prequalify bidders for certain construction projects. Specifically, any school district with an average daily attendance of 2,500 or more must prequalify bidders for: 1) any project using funds from the Leroy F. Greene School Facilities Act of 1998 or 2) projects using funds from any future state ...

Pursuant to the recent passage of Assembly Bill 86 (“AB 86”), as of July 1, 2013, Education Code section 17463.7 has been extended and will remain in effect until January 1, 2016.  Education Code section 17463.7 was added in 2009 and provides school districts with some additional flexibility regarding the use of funds derived from the sale of surplus real property.  AB 86’s passage merely extends the ...

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