Huntington Beach Public Works & Government Contracts Lawyer

Huntington Beach Public Works & Government Contracts Attorney

If you’re seeking a Huntington Beach public works & government contracts lawyer, clear guidance and strong advocacy are essential. Public projects have their own speed, compliance requirements, and zero tolerance for mistakes.

At Engels-Janzen, we work with contractors, subcontractors, and project owners to understand bidding and procurement, draft and negotiate contracts, guide and advise on performance and change orders, and help resolve payment disputes. We help protect your interests, limit your exposure, and work through the sometimes dense legal world that surrounds California public works projects from start to finish.

Get A Public Works & Government Contracts Lawyer

Engels-Janzen has extensive experience in construction law, public contracting, and California public procurement regulations. Engels-Janzen is also committed to providing personal and direct representation for our clients. At Engels-Janzen, when you work with one of our attorneys, you work with an experienced lawyer who knows the law and understands public projects.

We provide careful contract review, detailed compliance analysis, and strategic guidance on how to avoid or resolve disputes with real insight into how the industry works. Engels-Janzen’s technical and practical experience means that we provide our public works and government contracts clients with practical and reliable advice that they can rely on.

Competitive Bidding & Bid Protests

Competitive bidding means that public works contracts must be awarded in accordance with established procurement procedures in California and most other states. Bids must be responsive, complete, and meet all stated requirements. A bid award protest challenges an apparent contract award where a public entity’s decision may have been based on an improper evaluation or procedural error.

The U.S. Government Accountability Office (GAO) adjudicates most federal protests. Although filings are down 32% from a decade ago, the GAO still processes more than 1,000 protests per year. In approximately 50% of cases, the protester receives some form of relief either by way of corrective action or a ruling in their favor.

The process of submitting a bid is often quite involved, and the rules for how an agency reviews bids, scoring criteria, and deadlines for protecting rights can be a mystery. Contractors are better served by making sure that submissions are complete, monitoring addenda, and following up with written communications. Remedies are available for problems, but a better way to preserve the right to challenge irregularities and seek significant relief is to be proactive early on.

Prevailing Wage Compliance: Labor Code §1720

Prevailing wage laws, Labor Code §1720, require contractors on public works projects to pay workers certain wage rates and follow apprentice ratios. Contractors must maintain certified payroll records and ensure their accuracy and completeness. Identifying coverage, properly classifying workers, and tracking fringe benefits are among the primary steps in prevailing wage compliance.

According to a 2024 audit by the California State Auditor, as of the end of fiscal year 2022-23, the Labor Commissioner’s Office had around 47,000 backlogged wage claims. The total amount of wage claims that have been open for five years or more statewide represents over $63.9 million in unpaid wages.

Errors or omissions can lead to back-wage assessments, penalties, and administrative disputes. Reviewing wage determinations, training requirements, and reporting obligations in advance, for example, can help contractors comply with the state’s prevailing wage standards and avoid costly compliance issues during or after project completion.

Contractors also need to know about specialty classifications, shift differentials, travel and subsistence rules, and state-issued and frequently updated wage determinations. Internal audits, accurate timekeeping, and consistent documentation all mitigate exposure and help ensure an equitable and expedient resolution if issues are raised by the awarding body or DIR.

DIR Audits & Penalties

The Department of Industrial Relations (DIR) conducts audits to ensure compliance with prevailing wage, apprenticeship, and recordkeeping requirements on public works projects. DIR auditors may request certified payroll records, interview workers, verify classifications and hours worked, and other information.

Audit findings can lead to substantial penalties, debarment risk, and back-wage payments. Learning how an audit proceeds, what documentation is needed, and how to respond most effectively to any findings helps contractors minimize their exposure and resolve issues in a cost-effective manner and with minimal delays.

By knowing the most common triggers—late payroll, worker complaints, inconsistent classifications, or irregular apprentice ratios, for example—contractors can get ahead of problems before they happen. Keeping project files and contemporaneous notes in good order can also help if compliance corrections or administrative conferences become necessary.

Public Entity Representation

Public entities are subject to procurement rules, contract administration standards, and compliance requirements. In many cases, their responsibilities may include: 

• Preparing bid documents
• Evaluating proposals
• Addressing protests
• Handling change orders
• Ensuring that all statutory requirements are met
• Managing project delays and contractor claims
• Enforcing performance obligations

In-house processes to handle these issues, documenting communications, and understanding state and local rules can help limit disputes and ensure that public works projects are delivered successfully with minimal errors. In addition, such steps can enhance transparency and decrease the chances of expensive administrative or legal conflicts. These may include, but are not limited to: 

• Timely contractor communications and notice issuance
• consistent evaluation criteria
• Robust contract management
• Monitoring deadlines
• Taking note of site conditions
• Tracking project milestones

False Claims & Government Investigations

Public works contractors are also at risk for false claims laws and government investigations when billing inaccuracies, misclassified work, or alleged misrepresentations are discovered. Among other measures, investigations may include: 

• Subpoenas
• Interviews
• Document reviews
• Coordination among multiple agencies
• Comparing invoices to certified payrolls
• Progress reports
• Change order justifications
• Correspondence with the inspector

Even innocent errors can trigger significant financial exposure or contractual remedies. Learning about reporting obligations, common risk areas, and the investigative process can help to identify potential vulnerabilities as early as possible so that corrective action can be taken and reduce the risk of liability or contractual exposure.

Knowing how enforcement agencies measure intent, materiality, and compliance can help companies to better manage risk and preserve their eligibility for future public works projects.

Hire a Public Works & Government Contracts Lawyer

Winning or performing on public works and government contracts can be difficult. The right legal advice can help you with compliance, documentation, risk management, DIR audits, and more.

If you have questions about bidding, prevailing wages, DIR audits, or government investigations, our experienced attorneys can review your specific circumstances, explain your legal options, and advise you about how to proceed.

If you have a government contract dispute or are about to begin a new project, hire a public works & government contracts lawyer who knows California public works. Contact Engels-Janzen to schedule a consultation today.