Business, Facilities, Real Property, and Energy
For the past 40 years, the attorneys of Parker & Covert LLP have provided expert advice in the full range of business, facilities, real property, and energy matters affecting school and community college districts and other public entities in California.
Our attorneys review, prepare, and revise all forms of legal documentation for contracts, leases, and related documents for our school and community college district clients.
We are very involved in the preparation, review and negotiation of contracts and business documents of every kind for our clients, including but not limited to general contracts for services; construction services; architectural, inspector and program/construction manager services; transportation services; information technology services; food services; and equipment acquisition.
For each such contract, we verify that the contractual terms and conditions comply with applicable statutory and regulatory requirements and strive to obtain the most favorable contractual terms possible, including when necessary, litigating the enforcement of the terms of the contract.
Our attorneys possess extensive experience in coordinating the contracts for the construction and modernization of educational facilities by working closely with District staff to determine for each facility project the contract delivery method which will best meet the District’s goals as to timing, cost and end product. We have developed and regularly update our contract documents to comply with changes in the law which may impact our clients’ facilities projects. We are involved on an ongoing basis with construction bidding and contracting issues.
- Prequalifying and resolving bid protests and requests for substitution;
- Drafting and negotiating agreements with design professionals, program/project managers, project inspectors, and other consultants;
- Making sure bonding companies fulfill their obligations under payment and performance bonds;
- Assuring that each project complies with the California Environmental Quality Act (CEQA);
- Assisting in the enforcement of prevailing wage and labor compliance requirements;
- Enforcing contractor performance and compliance with statutory requirements; and
- Negotiating, mediating, and litigating claims and actions by contractors for extra work, design defects, delays, unforeseen site conditions, and other claims.
Our firm has assisted numerous school districts and community college districts in handling real property matters including the acquisition, disposition, development, and exchange of real property. Our attorneys have drafted and negotiated the terms of over 200 land acquisitions and property exchanges in addition to numerous other real property related services (selling and/or leasing surplus real property, granting and entering into easements and licenses, leases, joint ventures, joint-use and joint-occupancy agreements, and civic center use agreements).
Our attorneys work closely with district staff to resolve any due diligence issues, including title exceptions, land use and zoning issues, obtaining necessary state approvals, and complying with any other statutory and/or regulatory requirement which may be necessary to effectuate the desired real property transaction.
Our attorneys possess extensive experience in representing school districts and community college districts in the implementation of energy conservation and renewable energy programs, including the Proposition 39 California Clean Energy Jobs Act.
This work has included participating in regular meetings with district staff, developing Energy Conservation Program RFQs/RFPs and negotiating the terms for Performance Based Energy Services Agreements, Design Build Agreements, Power Purchase Agreements, Site Lease Agreements, and Installation Agreements.