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Manual
Online Manual

Public Contracting Requirements and Competitive Bidding in California

Managing Projects Under California's Public Contracting Laws.This seminar will review the key issues and trade-offs at each stage of a California public works construction project. Starting with selection of a project delivery method, the seminar will move through the life cycle of a project including professional services agreements, prequalification and best value selection, key construction contract terms, limiting liability and risk transfers, labor compliance, liquidated damages, disputes, statutory claim procedures, close-out and prompt payment of retention. The seminar will cover the recently expanded scope of the California conflict of interest statutes, prevailing wage enforcement and statutory limits on indemnities and damages. Covering more than just the nuts and bolts, the seminar will provide perspectives on the most important issues that arise and how the manager strikes the right balance in the solutions chosen at each stage.
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Overview
— Eric J. Firstman, Esq. and Douglas M. McManamon, Esq.
Options and Selection of a Contracting Method
— Eric J. Firstman, Esq. and Douglas M. McManamon, Esq.
  • Design-Bid-Build
  • Design Build
  • CM at Risk
  • Lease-Lease Back
  • Revenue Generating Facilities
Generally Applicable Statutes and Requirements
— Eric J. Firstman, Esq. and Douglas M. McManamon, Esq.
  • Public Records Act
  • Brown Act
  • Code § 1090 Conflicts of Interest Under the New Sahlolbei Decision
  • Prevailing Wages
Procuring Consultants, Architects, Engineers, Construction Managers
— Eric J. Firstman, Esq. and Douglas M. McManamon, Esq.
  • Statutory Requirements
  • Steps for Selection and Contracting
  • Key Terms and Recommendations
Preparing the Construction Contract
— Eric J. Firstman, Esq. and Douglas M. McManamon, Esq.
  • Working Inventory of Statutory Requirements and Limits
  • Risk Transfers, Limiting Liability and Tradeoffs
  • Consequential Damages and Insurance Coverages
  • New Statutes on Liquidated Damages
  • Delegating and Limiting Change Order Authority
Procuring the Construction Team
— Eric J. Firstman, Esq. and Douglas M. McManamon, Esq.
  • Prequalification, Bidding and Award
  • Required Licensing, Certifications and DIR Registration
  • Prequalification Standards, Methods and Timelines
  • Best Value Selections: Timeline and Methods
Common Bidding Issues and Bid Protests
— Eric J. Firstman, Esq. and Douglas M. McManamon, Esq.
Managing Construction Issues
— Eric J. Firstman, Esq. and Douglas M. McManamon, Esq.
  • Using the Project Controls – CPM Schedule, Schedule of Values and Submittals
  • Managing the Quality Issue - Inspections, Corrections and Punch Lists
  • Managing Subcontractor Substitutions, Stop Notices and Payment Disputes
  • Recognizing Insurable Events
Managing Project Change and Emerging Claims
— Eric J. Firstman, Esq. and Douglas M. McManamon, Esq.
  • Statutory Requirements for Recognizing and Pricing Changes
  • The Big Three: Unforeseen Conditions, Inadequate Design, Owner Elective
  • Change Order and Pricing Methods – Lump Sum, Force Account, Proceed While Pricing
Understanding and Drafting for Claims on Public Works Projects
— Eric J. Firstman, Esq. and Douglas M. McManamon, Esq.
  • Claims Limited by Public Contracting Laws
  • Claims Created by Public Contracting Laws
  • Claims Precluded by Public Contracting Laws
Managing Project Closeout
— Eric J. Firstman, Esq. and Douglas M. McManamon, Esq.
  • Punch Lists, O&M Manuals, Warranties
  • Inventory of Final Inspections and Authorities With Jurisdiction
  • Project Acceptance and the Prompt Payment Statutes
Managing the Disputes and Claims Process Required Under PCC § 9204
— Eric J. Firstman, Esq. and Douglas M. McManamon, Esq.
  • The Statutory Timeline, Meet and Confer, and Permitted Additions
  • Contract Notice Requirements
  • Subcontractor Pass-Through Rights
Question and Answer
— Eric J. Firstman, Esq. and Douglas M. McManamon, Esq.
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

Manual

This program format does NOT qualify, nor meet the National Standard for NASBA accreditation.

Online Manual

This program format does NOT qualify, nor meet the National Standard for NASBA accreditation.

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More Program Information

Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Eric J. Firstman, Esq.

Eric J. Firstman, Esq.

Meyers Nave

  • Practice Group Leader, 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 the Construction Litigation category (10 years)
  • Can be contacted at [email protected], 213-626-2906 or 510-808-2000
Douglas M. McManamon, Esq.

Douglas M. McManamon, Esq.

Meyers Nave

  • Of Counsel for Meyers Nave and counsels his clients in all significant aspects of construction law and litigation
  • Degree in architecture and five years experience practicing architecture for schools and large scale commercial projects
  • More than ten years 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
  • Regularly counsels public entities on all aspects of project design, construction administration and claims
  • Selected as a Northern California “Rising Star” in area of Construction Litigation by Super Lawyers
  • J.D. degree from University of San Francisco School of Law, cum laude; B.S. degree from the University of Virginia, architectural design
  • Can be contacted at [email protected] or 510-808-2000
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 401791
Published 2018
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