Education Construction

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Court Calls Lease-Leaseback Project What it is: A Design-Bid-Build Project

First there was “Prince.” Then there was “The Artist Formerly Known As Prince.” Then there was “The Artist Formerly Known As Prince Because he Changed His Name to a Symbol, But Then Realized That No One Could...more

Financing and an Extended Lease Term Now Required For Enforceable Lease-Leasebacks in California

On June 1, 2015, a California Court of Appeal held that in order for a lease-leaseback arrangement to be enforceable, the lease must be “genuine”, containing both a financing component and a lease term that extends beyond the...more

Construction Corner: Design-Build Project Delivery

In the case of a design-build project, the owner enters into a single contract with a design-builder for both design and construction services. This is unlike Design-Bid-Build (“DBB”) and Construction Manager at Risk project...more

[Event] The 2015 Accountant Liability Update, A Game of Risk: To Play or to Win? - June 25, Waltham, MA

LeClairRyan invites you to join us for a free half-day seminar The 2015 Accountant Liability Update, A Game of Risk: To Play or to Win? Predictability. Focus. Staying on Point. On a familiar playing field – you can make...more

Construction Corner: Identifying the Need for a Construction Manager for Your School Construction Project

Now that we have reviewed the necessary steps for a successful solicitation process for a design professional, we will focus on the role a construction manager may play and offer suggestions on how to identify whether or not...more

Construction Corner: Preparing RFQs and RFPs for Design Services for Your School Construction Project

Last week, we discussed the requirements of the selection process for the architect of a state-assisted school construction project as well as the importance of procurement protocols for all projects regardless of the source...more

Construction Corner: Selecting an Architect for Your School Construction Project

Last week, we discussed the importance of evaluating the capabilities of your initial project team to assess the need for a third party project manager. This week we will focus on selecting the architect who will best serve...more

University of California Issues Draft RFP for UC Merced 2020 Project

The Regents of the University of California, on behalf of the University of California, Merced, issued a draft Request for Proposals (RFP) for the UC Merced 2020 Project on May 7, 2015. The draft RFP was provided to the...more

Construction Corner: How to Make Your School Construction Project A Success

A successful school construction project will fulfill the identified needs of the community and be completed on schedule and within budget. In order to achieve success, these three basic project elements – scope, duration...more

Week in Review - April 2015 #2

Minnesota legislators resumed the 2015 session Tuesday with a full plate and six weeks remaining. Gov. Mark Dayton’s ambitious education and transportation spending proposals face serious challenges from the radically...more

Town Gets Schooled on Class Definition in PCB Contamination Case

The Town of Lexington, Massachusetts filed a putative class action in 2012 on behalf of itself and alleged similarly situated Massachusetts school districts that have one or more buildings with airborne...more

DRM Legislative Update - February 2015

In This Issue: - Determination First, Details to Follow - Committee Approves State False Claims Act - Rent-to-Own Legislation Substantially Modified - Senate Judiciary Considers Limit on Building...more

School District Gets Expensive Lesson on Prompt Payment Law. But Did the Court Get it Right?

My kids don’t like riding in my car. I urge them to look outside the window (I don’t have DVD), suggest that they roll down their windows to get some fresh air (rather than have me turn on the A/C) and persist on...more

Construction Alert: School District Flunks Public Contract Code Exam on Withholding Retention

On January 27, 2015, the Court of Appeal, Second Appellate District, affirmed, in part, a hefty trial judgment against the Rio School District for improperly withholding retention funds in the case of FTR International, Inc....more

University of California Shortlists Three Teams for UC Merced 2020 Project

The Regents of the University of California (the “Regents”), on behalf of the University of California, Merced (UC Merced), announced today that three teams have been shortlisted to submit detailed proposals for the Request...more

Bribery Is Not a Free Speech Right, Judge Says

In late 2012, a California district attorney’s office obtained an indictment charging 18 defendants, including school board members, administrators and contractors, with conspiracy, bribery, perjury, filing false gift reports...more

Time Limit on Filing Certain Construction Lawsuits Extended

A recent Illinois Appellate Court decision extends the time period in which a certain type of legal claim can be made against a general contractor on a construction project. The decision, 15th Place Condominium Association v....more

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

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

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

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