Costa Mesa Public Works & Government Contracts Lawyer

Trusted Public Works & Government Contracts Attorney in Costa Mesa

Costa Mesa public works contracts may involve complex and high-value agreements as well as multiple agency oversight. A Costa Mesa public works & government contracts lawyer can assist individuals and public entities in addressing these and related disputes. This can include construction, business, and other disputes arising in connection with work on Costa Mesa public improvements or construction paid for entirely or in part with public funds.

About Engels-O’Brien

Engels-O’Brien focuses on business disputes, construction, and other areas of California law. The firm’s attorneys have extensive experience in all aspects of these disputes. Attorney Christopher Engels, for example, worked for 25 years as a construction contractor before law school. This experience gives Engels-O’Brien a unique and practical understanding of relevant contracts and projects.

Should negotiation or administrative processes fail to settle a dispute, Engels-O’Brien is prepared to take the case to court. We have experience with public works contract cases and can help you with yours.

Understanding Public Works and Government Contracts in Costa Mesa

In Costa Mesa, the Public Works Department oversees engineering, transportation, maintenance, sustainability, and a variety of other infrastructure duties. The department is located at 77 Fair Drive. For public projects, contractors often face a different set of rules than what’s standard in the private sector. California Law defines public works contracts in Labor Code §1720. Generally, the term includes: 

• Construction
• Demolition
• Alterations
• Installations
• Repair work

These are typically done under contract where the work is paid for directly or indirectly through public funds. The definition includes some preconstruction and postconstruction services. Public works classifications are important because certain Contractors License Board regulations, wage laws, and apprenticeship requirements apply to public contracts.

Public Contract Code contains government contract laws regarding how local agencies award contracts for public projects. Cities must generally award contract work exceeding $5,000 to the lowest responsible bidder after giving notice, according to Public Contract Code §20162.

There is a lot of municipal activity in Costa Mesa when it comes to public works projects. For example, the city budgeted nearly $28.7 million in project funding for its fiscal year 2025–’26 Capital Improvement Program. That proposed spending included roughly $12 million in expected bond proceeds for Fire Station 2 reconstruction and about $6.9 million in grant money.

These projects can offer great opportunities for contractors, but also come with stringent bidding, contracting, and labor stipulations.

Competitive Bidding Requirements

A contractor may challenge a public project award by alleging that the agency did not properly evaluate the bids. Common issues involve accusations that the successful bidder was not licensed, registered, responsive, responsible, properly bonded, experienced, or failed to meet other qualification requirements included in the solicitation.

Timeliness is critical for bid protests because challenges are typically due by a specified date. The likelihood of stopping a project can also decrease once the public entity has cemented the contract and is preparing for commencement. An attorney can analyze the solicitation, other bids, evaluation process, and communications to determine if there are grounds for a protest or other defense.

Prevailing Wage Law Compliance

California prevailing wage laws impact many public works contract disputes. Under Labor Code §1771, workers on public works contracts that exceed $1,000 must be paid no less than the prevailing wage, including wages for holidays and overtime. California law also mandates that contractors and subcontractors actually pay workers the required prevailing wage.

Contracts issued by the City of Costa Mesa require contractors and subcontractors to pay the applicable prevailing wage rates and maintain Department of Industrial Relations (DIR0 registration. DIR audits can derive from complaints or randomly selected projects. Contractors should be prepared to provide certified payroll records and other supporting documents during an investigation.

Representing Public Entities and Government Investigations

Public agencies must follow contracting laws while carrying out city construction contracts. Cities have needs similar to contractors, such as requiring performance from the contractors who win public bids. Disputes can occur during construction projects related to:

• Contract fulfillment
• Payment
• Delays
• Change orders
• Termination
• Failing to comply with contractual obligations

Governments can conduct investigations related to contracts for construction projects and other services. Criminal issues could arise if an agency claims that a contractor presented false information or was paid for work that was substandard or did not comply with contract requirements. The California False Claims Act covers certain false claims made to obtain state or political subdivision money. If one violates these claims, they could be subject to civil penalties.

Hire a Public Works & Government Contracts Lawyer

Legal counsel could review contract documents, analyze contracting requirements, file protests of awards, and work with public agencies on prevailing wage issues. Attorneys may communicate with investigating agencies on your behalf, allow you to understand what is at stake, and work to minimize damage.

If necessary, an attorney can litigate the dispute in court by filing pleadings, engaging in the discovery process, and presenting evidence and arguments to judges and juries. For government investigations, lawyers can review the information alleged by the government and the supporting documentation before you decide to respond.

What to Do if You’re Facing a Public Works Contract Dispute

The first step in any public works dispute is identifying the problem and preserving any documents related to the issue. For bid disputes, it’s crucial to keep the solicitation document, your original bid, evaluation notes, the award letter, and all communication with the public entity.

If you’re a contractor facing a prevailing wage violation or DIR issue, you’ll want to preserve certified payroll records, time records, any wage determinations, subcontractor records, and pay documentation. In California, all public works contractors and subcontractors are required to keep accurate payroll records detailing the classification of work performed on a project along with hours and wages paid.

It’s also important to identify any deadlines prior to responding to a government agency or appealing an award. If your dispute stems from an audit or alleged wage violation, reviewing the records associated with the project can help you identify if the project actually requires the wages they claim based on the work performed and available wage classifications.

When you hire a public works & government contracts lawyer, they can review procedural options before your contractor takes additional steps.

Contact Engels-O’Brien Today

Engels-O’Brien can assist you if you have a bid dispute, prevailing wage issue, DIR audit, or other public works contract question. Let us explain your legal rights and options. Contact us to speak with a Costa Mesa public works & government contracts attorney today.