Business and Facilities

We advise clients on a wide variety of issues that are included under the rubric of Business and Facilities. Attention to detail, and a thorough understanding of the complex legal issues and project delivery methods, are the hallmark of our approach to business and facilities matters.

Kingsley Bogard regularly negotiates, drafts and approves as to form, the numerous kinds of public contracts that are needed to operate the business of the client.

We provide support in the areas of due diligence, negotiation, and review to protect client interests in the following areas:

  • Public Bidding and Bid Disputes
  • Joint Powers Agreements
  • Leases & Licenses
  • Developer Fees Issues
  • Easements
  • Consultant Contracts
  • Financing
  • Alternative Construction Delivery Methods
  • Architect / Engineer Negligence & Claims
  • Construction Contracts & Bid Documents
  • Construction Disputes & Litigation
  • Land Acquisition and Development
  • Title Issues
  • Condemnation / Eminent Domain
  • Environmental and Regulatory Compliance (CEQA and NEPA)

Our objective is to assist you in avoiding disputes.

Business and Commercial Transactions

Kingsley Bogard attorneys are experienced in all aspects of the procurement process including public bidding and quote processes, drafting bidding and purchasing procedures, resolving bid protests, drafting bid documents and awarding contracts.

Kingsley Bogard has prepared model documents for sophisticated public works bid packages and other contract and purchasing documents. We work with our clients to tailor contracts to meet individual client objectives.

We also have extensive experience in representing a client’s interests in connection with personal services contracts (e.g. architectural, engineering and construction management), intellectual property, technology acquisition. This includes resolving any controversies that may arise from such agreements through arbitration and court proceedings.

Real Property and Facilities

The firm has significant experience in representing clients in the acquisition and sale of real property, condemnation proceedings, and otherwise acquiring necessary land. This includes working with developers to mitigate their impact on schools.

We provide complete transactional support for land acquisition and other real estate transactions.

We regularly advise and assist school districts in processing documents with the State Allocation Board, the Office of Public School Construction, and the Office of the State Architect. Our services include preparation and review of architect agreements, contract specifications and required bidding documents, as well as the negotiation and drafting of personnel services and construction management contracts.

We advise clients on the leasing and acquisition of real property, compliance with the State School Building Lease-Purchase Program, the Naylor Act, the Field Act, the Williamson Act, public-private joint ventures for asset management and surplus property issues.

We assist our clients regarding disputes related to day-to-day construction issues, such as prevailing wage compliance, change orders, payment requests, stop notices, federal and state laws relating to access for the disabled, CAL/OSHA, payment bonds for uncompleted schools, bankruptcy filings of general contractors and subcontractors, as well as tax liens and other claims made by the Internal Revenue Service, and disagreements between subcontractors.

We assist school districts in all aspects of school fee legislation including the Leroy F. Greene School Facilities Act of 1998 and the mitigation process under Senate Bill 50 (SB 50). We provide advice and assistance in establishing and implementing policies to result in full mitigation under the law to address the impact of new construction on school facilities. This includes drafting the necessary resolutions, legal notices and documents required by the California Environmental Quality Act (CEQA), as well as reviewing fee justification studies and the Facilities Needs Analysis for legal sufficiency. In addition, we assist school districts with implementation of the State Allocation Board’s biennial increase of statutory school fees. We provide our school district clients with sample annual and five year developer fee reports and assist them in regard to compliance with the various developer fee reporting requirements.

Kingsley Bogard LLP | 600 Coolidge Drive, Suite 160 | Folsom, CA 95630
(916) 932-2500 phone | (916) 932-2510 fax  |