Construction Education

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Six Teams Submit SOQs for Reissued UC Merced 2020 Project RFQ

The Regents of the University of California (the “Regents”), on behalf of the University of California, Merced (“UC Merced”), announced on October 30, 2014 that it received Statements of Qualifications (SOQs) from six teams...more

Insurance Recovery Law -- Oct 2014

Lack of Direct Contractual Relationship Doesn’t Doom Coverage - Why it matters: The companies involved in a workplace accident are additional insureds pursuant to a sub-subcontractor’s policy and the insurer...more

Illinois Court: Municipal Zoning and Stormwater Laws Apply to School District's Construction Project

Much of land use law involves questions over the breadth of local government powers. Today, we're looking at a spat between two units of local government: a municipality and a school board. The decision in Gurba v....more

Yes, Indeedy. Competitive Bidding Not Required for School District Lease-Leasebacks

Remember when you discovered that the tooth fairy wasn’t real? It was kind of a bummer on one hand learning that it wasn’t a fairy that magically appeared to swap your tooth for cold hard cash, but rather your mom or,...more

Illinois Appellate Court Rules that School Districts are subject to Municipal Zoning

In a strongly worded 42 page decision, the Second District Appellate Court ruled in Gurba v. Community HS Dist. 155, that school districts are subject to the zoning regulations of home rule municipalities. The decision...more

Six Teams Submit SOQs for UC Merced 2020 P3 Project

The Regents of the University of California (the “Regents”), on behalf of the University of California, Merced (“UC Merced”), announced on August 1, 2014 that it received Statements of Qualifications (SOQs) from six teams in...more

Environmental Considerations For School Construction

School construction projects present special challenges and must be carefully managed to ensure that environmental issues are safely and well-handled and the health and safety of the school population is protected. New...more

2014 Legislative Short Session - Education Bills Introduced

The NC General Assembly kicked off its 2014 Short Session (adjournment goal of July 4th is reasonable) with bill introductions that are relevant...more

Juvenile Court Schools, Reporting Allegations of Misconduct Against Certificated School Employees, and Bidding Practices under the...

KMTG will be issuing a series of updates on new legislation signed by Governor Brown. All laws became effective January 1, 2014, unless otherwise stated. Juvenile Court Schools—AB 631 - AB 631 amends Education...more

Illinois Supreme Court Upholds Dismissal Of School District’s Claim Against Its Architect

The Illinois Supreme Court recently issued a decision in Gillespie Community Unit School District No. 7 v. Wight & Company that upholds the dismissal of the District’s claim of fraudulent misrepresentation against its...more

School District Cannot Levy Fee on Preexisting Development Where No Increase in Student Generation is Shown

The owner of an apartment complex challenged a school district’s imposition of school impact fees that were based on the entire square footage of the owner’s new, larger apartment complex built after the demolition of an...more

Savings, Solar, And Shade - Taking Advantage of Arizona’s Public School District Energy Contract Statutes

Arizona has abundant sun and heat. What it does not have in abundance is funding for school districts to construct any facilities or to pay ever increasing utility bills. Many districts are struggling to find the...more

California’s Prop 39 Fund: Up to $2.75 Billion for Energy Projects at Public Schools, Colleges

On June 27, Governor Jerry Brown signed SB 73 into law as part of the state budget package. The bill established a Clean Energy Job Creation Fund, into which up to $550 million each year will be transferred from California’s...more

Legislative Update: Important Changes to Assembly Bill 434

This bill allows those with a degree from an accredited architectural program to ?become registered as an interior designer.? What are the important changes in the bill?? The passage of this bill allows those who...more

Bright Lights Not a Significant Impact; Lack of Parking May Be

In Taxpayers for Accountable School Bond Spending v. San Diego Unified School District (2013) __ Cal.App.4th __ (Case No. D060999) the Court of Appeal for the 4th District held that the San Diego Unified School District (the...more

Effect of Sequestration on Direct-Pay Bonds

The American Recovery and Reinvestment Act of 2009 allowed, for a limited period of time, the issuance of taxable state or local bonds for which the U.S. Treasury Department pays the issuer a specified percentage of interest...more

City Erred In Certifying Environmental Impact Report That Misdescribed Project’s Objectives

In a case demonstrating the importance of a well-crafted statement of objectives, the appellate court held that a city erred in certifying a final environmental impact report (“EIR”) and approving a project because the EIR...more

2013 California Construction Law Update

More than 4,000 bills were introduced in the California State Legislature during the 2011-2012 legislative session. Of these bills, 996 made it to Governor Brown’s desk, of which 876 were signed into law, and 120 were...more

My Day as a Torts Professor Teaching Real-World Litigation at Law School

I recently had the opportunity to do something quite fun. My torts professor from law school asked me to teach a class on “the real practice” of tort law. I got the opportunity to lecture, to show some examples of...more

School Concurrency Impacts Residential Development in Miami-Dade County

With increased international investment, Miami-Dade County has seen a rebound in the real estate market, particularly with regard to residential projects in high-density areas in Miami's urban core and bayfront and beachfront...more

Legislative Update: Governor Signs Education-Related Bills That Address Principal Evaluations, Public Contract Bidding...

KMTG is continuing our series reviewing new legislation. Unless noted otherwise, the new laws take effect January 1, 2013. Evaluations of Principals — SB 1292: The Legislature declared in passing SB 1292 that...more

BSC Wants Your Input!

The Building Standards Commission ("BSC") recently initiated formal rulemaking and public review for portions of the 2012 triennial code update to the California Building Standards Code ("Code"). ...more

AB 1903 Would Prohibit Districts from Levying Level III Developer Fees

AB 1903 (Buchanan and Hagman), as proposed, would suspend the ability of school districts to levy Level III developer fees. The bill is scheduled to be heard on Wednesday, June 20 in the Senate Education...more

New Jersey Governor Signed into Law Act Permitting Private Companies to Construct and Operate Public Schools in Newark, Trenton...

On January 12, 2012, New Jersey Governor Chris Christie signed into law the Urban Hope Act (“Act”), S3173/A4426, which allows private companies to construct, operate and manage up to twelve public schools in three...more

Contractors and Subcontractors Beware

Subcontractor’s bids, when coupled with its backlog of uncompleted contracts, must not cause subcontractor to exceed aggregate rating limit in public school projects. If so, contractor’s bid will be rejected due to...more

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