School district business is our expertise. With more than 30 attorneys dedicated to advising public agencies on the complex array of issues encountered while conducting their operations, Lozano Smith is prepared to share our knowledge gained in preparing thousands of contracts and helping school districts build hundreds of facilities. The business of schools is vast - from daily vendor contracts, to budgeting and revenue generation, our attorneys routinely advise on and advocate for school districts. Equally, Lozano Smith provides counsel and support on all aspects of real property and facilities issues. When a novel issue presents itself, we work closely with our clients to develop creative, efficient and effective solutions. And, if a contract is challenged or a construction project goes awry, our litigation team has a proven track record of success.
Lozano Smith Facilities and Business Practice Group specializes in:
Business
- Budgeting Issues, Funding Disputes & Audit Appeals
- Procurement of Supplies and Services
- Contract Development and Review
- Energy Issues
- Public Finance including Bond Counsel Services
- Technology Procurement and Contracting
Facilities
- Bidding, Bid Challenges and Alternative Project Delivery
- Selecting and Contracting with Construction Professionals
- Construction Contract Development and Administration
- Prevailing Wage and Project Labor Agreements
- Construction Advice & Litigation
- California Environmental Quality Act (CEQA) Compliance
- Developer Fees and School Facilities Mitigation
- Prop. 39 Procurement and Contracting
- Americans with Disabilities Act (ADA)
- State Funding and the School Facilities Program
- Joint Facilities Use
Real Property
- Land Acquisition - Purchase and Exchange
- Due Diligence Issues including CDE Approval and Resolution of Title Exceptions
- Eminent Domain
- Land Use and Zoning Issues
- Leases, Easements and Other Property Interests
- Charter School Facilities and Prop. 39 Offers
- Surplus Property Disposition
Bid Limits Set to Increase under Uniform Public Construction Cost Accounting Act, Along with Expanded Commission Oversight
October 2024Number 41Public project bid limits are set to increase for public agencies that have opted into the cost accounting procedures under the Uniform Public Construction Cost Accounting Act (UPCCAA). Assembly Bill (AB) 2192 has been signed by Governor Gavin Newsom and will take effect on January 1, 2025.Lawmakers drafted the bill to address construction cost increases that have occurred since the limits were last increased in 2018. The bill also increases oversight for UPCCAA projects....
Department of Justice Releases New Rules Regarding Website Accessibility under Title II of the ADA
June 2024Number 29As technology advances, public agencies are increasingly relying on websites, software, digital applications, and social media pages on various platforms to provide access to their services. With the increase in web-based content utilized by public agencies, and the growing use of and public reliance on such content for information, it is important for public agencies to understand the applicable legal requirements for content accessibility in accordance with the Americans w...
AB 413: New Parking Restrictions Near Intersections
May 2024Number 23Assembly Bill (AB) 413, effective January 1, 2024, restricts vehicles from parking, stopping, or standing within 20 feet of an intersection or 15 feet of a curb extension at an intersection. Full enforcement of this law begins January 1, 2025.BackgroundPrevious California law did not restrict vehicles from parking, stopping, or standing near an intersection. The Legislature enacted AB 413 to further its goal of zero traffic fatalities. According to the bill’s author, Ca...
U.S. Supreme Court Holds that Legislatively-Adopted Development Impact Fees Must be Related and Proportional to Development Impacts
May 2024Number 20In its recent holding in Sheetz v. County of El Dorado (2024) __ S.Ct. __ [2024 WL 1588707], the United States Supreme Court held that legislatively-adopted development impact fees are subject to constitutional scrutiny under the Takings Clause.As a condition of receiving a residential building permit, George Sheetz was required by the County of El Dorado (County) to pay a $23,420.00 traffic impact fee. The fee amount was assessed according to a fee schedule adopted by the bo...
California Environmental Quality Act (CEQA) Legislative Updates: SB 69, SB 149, & AB 356
March 2024Number 15The California Legislature recently enacted a series of updates to the California Environmental Quality Act (CEQA). Outlined below are three significant pieces of legislation: Senate Bill (SB) 69, SB 149, and Assembly Bill (AB) 356.SB 69Effective January 1, 2024, SB 69 amended Section 21152 of the Public Resources Code, providing that all environmental notices (i.e., notices of determination (NODs) and notices of exemption (NOEs) for projects that are filed with a county cl...
Progressive Design-Build Authority Has Been Expanded for Local Public Agencies
February 2024Number 11The start to 2024 brings with it some exciting changes regarding the accessibility of the progressive design-build (PDB) construction delivery method to California cities, counties, special districts, and transit districts. Before last year, there was ambiguity in the law as to whether PDB was available to local public entities for public works projects. Effective January 1, 2023, the Legislature allowed K-12 school districts to use PDB for any project over $5 million, a...
SB 531 Amends Fingerprinting Requirements for Student Work Experience Contracts
February 2024Number 12With Senate Bill (SB) 531, the California Legislature amended Education Code section 45125.1 to provide an exemption from criminal background check requirements when, subject to specific conditions, an entity contracts with a school district, county office of education, or charter school (LEAs) to provide student work experience opportunities.BackgroundEducation Code section 45125.1 requires a valid criminal records summary if an employee of any entity that has a contrac...
Representative Cases
Lozano Smith was part of the team representing Los Angeles Unified School District in Williams v. State of California, a massive statewide class action involving alleged conditions in public schools including alleged inequalities in school facilities, instructional materials and teachers, particularly at underperforming schools that were already the subject of various state and federal categorical programs. |
Clovis Unified School District v. Chiang (2010) 188 Cal.App.4th 794. Assisted eleven school districts with invalidating audits of several state mandated cost reimbursement claims worth more than $30 million, based upon the use of invalid, underground auditing documentation rule by the State Controller’s Office. The firm was later able to receive an award of $240,000 from the superior court for fees and costs incurred in the litigation efforts, largely offsetting the school districts’ legal costs in the case. |
Oak Grove Elementary School District v. George W. Putris, as Tax Collector for the County of Santa Clara, Santa Clara County Superior Court Case No. 114CV261473. Represented the District in a complex matter related to a parcel tax authorized by the District's Board and approved by voters in 1991. The District returned to the voters every four years to re-obtain approval to increase the appropriations limit to spend tax revenues, but uncertainty loomed in 2014 regarding whether the District still had authority to collect taxes in 2014 after not needing to increase the annual appropriations limit that same year. The County Tax Collector was unclear whether it still had the authority to collect the taxes, therefore leading to Lozano Smith filing a lawsuit on behalf of the District seeking a peremptory writ of mandate commanding the County Tax Collector to collect parcel taxes. The lawsuit resulted in a stipulated judgment issuing a peremptory writ of mandate commanding the Tax Collector to collect the parcel tax. |
Modtech Holdings v. Pajaro Valley Unified School District. On two separate elementary school projects totaling $4 million, the District withheld substantial sums to cover damages caused the contractor. One project under the control of the contractor had a fire, with the contractor refusing to compensate the District. The other project suffered construction deficiencies in the stucco and roof. The contractor sued for improper withholding and the District cross-complained for additional damages, resulting in a $1 million dispute. After discovery and expert investigation revealed additional claims for the District, the case resolved very favorably for the District a few months short of trial. |
R. Baker, Inc. v. Coast Unified School District. A school district was subject to multi-million dollar design, delay and defect claims related to construction of a new elementary school located in the Coastal Zone. The project also suffered from an inadequate Storm Water Pollution Prevention Plan (SWPPP), thus causing the school district to be fined in excess of $300,000. The litigation settled favorably for the District at mediation. |
Mountain Cascade v. Santa Clara Valley Water District. The District entered a contract with the plaintiff to install a recycled water pipeline. As part of the original plans and specifications, the contract also called for the additional installation of fiber optic conduits. However, after award the District deleted the fiber optic work from the project since the bid on that line item was excessive. The District then added back a small portion of the fiber optic work that was within the budget. The contractor sued the District for lost profits based on the deleted work. Our attorney won summary judgment for the District based on the broad right to add and delete work, and successfully defended the decision on appeal. |
Teichert Construction v. City of Stockton, et al. During a $15 million dual grade separation project, the contractor and one of its subcontractors submitted claims of more than $3 million based on delay. Despite many issues of delay caused by utilities and railroad companies, the case settled favorably at pre-discovery mediation for under $1 million despite a significant number of delay days for which the City had to take responsibility. |
Anderson Union High School District v. Shasta Secondary Home School (2016) 4 Cal.App.5th 262. Lozano Smith successfully argued, in a case of first impression, that the geographic and site limitations of the Charter Schools Act (Ed. Code, § 47600 et seq.) are applicable to all charter schools, including “nonclassroom-based” programs. |