Episode 50 Modular Buildings: A Primer for School Districts


Lozano Smith Podcast
Host Sloan Simmons joins partner Arne Sandberg to discuss modular buildings for California school districts, including the basics about modular buildings, procurement alternatives, and new legal developments impacting this area of school construction.

Show Notes & References
  • 1:24- Modular buildings
  • 2:05- Modular component buildings vs. modular portables
  • 4:55- Issue of permanent vs. temporary
  • 6:10- Modular component building examples
  • 7:15- Popularity and cost-efficiency
  • 8:16- Building plans (standard or unique designs)
  • 9:10 - Competitive bidding and modular buildings
  • 10:33- Delivery methods (competitive bidding, lease-leaseback, design-build)
  • 13:30- Architect involvement
  • 14:31- Lease-leaseback method
  • 15:16- Davis v. Fresno Unified School Dist. (2015) 237 Cal.App.4th 261
  • 8:16- Lease-leaseback scoring and rating system
  • 19:29- Design-build vs. lease-leaseback
  • 1:03- Piggybacking
  • 22:10- Division of the State Architect (DSA)
  • 22:13- Office of Public School Construction (OPSC)
  • 22:54- Public Construction Code Section 2118
  • 24:52- Vendor involvement in piggybacking
  • 26:30- Modulars and personal property
  • 26:43- Attorney General opinion: 89 Ops.Cal.Atty.Gen. 1 (#05-405, January 24, 2006)
  • 28:50- Report of the Executive Officer, State Allocation Board Meeting, December 8, 2004
  • 30:55- OPSC e-mail to school districts and county offices of education (July 2021)
  • 31:55- Coalition for Adequate School Housing (CASH)
  • 33:48- Permanent vs. temporary foundations for modular portables
  • 40:25- Critical takeaways


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As the information contained herein is necessarily general, its application to a particular set of facts and circumstances may vary. For this reason, this News Brief does not constitute legal advice. We recommend that you consult with your counsel prior to acting on the information contained herein.