Newport Beach Public Works & Government Contracts Lawyer

Newport Beach Public Works & Government Contracts Attorney

If you’re looking for a Newport Beach public works & government contracts lawyer, it’s important to work with counsel who understands the complexity and pace of public construction along the coast. Timelines can be even more of a factor when public construction projects are involved on the coast.

Whether the project is construction around the harbor, on public roads and highways, or a local government facility, all public works and government contracts require detailed bidding, compliance, and contract adherence.

Engels-Janzen advocates on behalf of contractors, subcontractors, and public agencies for their procurement, contract drafting, change orders, and disputes so that projects can be completed on time and successfully in Newport Beach.

Hire a Public Works & Government Contracts Lawyer

When you need to hire a public works & government contracts lawyer, Engels-Janzen has in-depth knowledge of California public construction and contracting law, grounded in years of experience and direct industry knowledge. Clients benefit from working with an attorney who has a clear understanding of the day-to-day pressures of public works, including coastal and port-adjacent projects.

The trusted team at Engels-Janzen provides contract review, compliance analysis, and effective risk management backed up by this industry knowledge and experience. Technical and experienced counsel means clients have knowledgeable and reliable support when dealing with a Newport Beach public works and government contract case.

Responding to Bid Protests

Competitive bidding is required for public works projects in Newport Beach, and the procurement specifications for marine or coastal construction projects detail any guidelines and requirements. Bidders are expected to submit responsive, complete bids that adhere to the procurement terms and specifications.

Bid protests may be filed if the apparent awardee has been selected on the basis of an inconsistent scoring system, unmet requirements, or other procedural error during the selection process.

The GAO reviews more than 1,000 protests each year at the federal level, with approximately 50% resulting in some corrective action or relief. Careful review of bid instructions, timely acknowledgement of addenda, and written records of requests for clarification can help contractors protect their rights in Newport Beach’s competitive procurement environment.

Prevailing Wage on Public Projects

Prevailing wage requirements apply to most Newport Beach public works projects and include work on seawalls, streets, and other civic projects. Labor Code §1720 sets forth requirements for worker classifications, apprentice ratios, fringe benefits, and certified payroll reporting. The California Labor Commissioner’s Office recouped more than $1.1 million in wages and penalties in 2023 for 74 workers on a public works project as part of an enforcement action.

Contractors should review all prevailing wage determinations, fringe benefits, and any special provisions that might apply to work on coastal or marine work. Implementing and consistently using internal controls and standardizing documentation can help to avoid the risk of back-wage assessments or administrative challenges that can cause delays on Newport Beach projects.

Audits by DIR

Projects that impact municipal facilities, the shoreline, or state-funded transportation projects in Newport Beach may be selected for an audit by the Department of Industrial Relations (DIR). DIR audits can involve certified payroll review, verification of worker classifications, employee interviews, and confirmation of hours worked.

Contractors may be subject to penalties if discrepancies are found and could owe back wages or face the risk of debarment for noncompliance. Awareness of audit procedures and records that are often scrutinized can help contractors to prepare in advance. Maintaining organized project files, overseeing subcontractors, and ensuring worker classifications are accurate are critical to minimizing risk on high-profile Newport Beach public works projects.

Public Entity Legal Counsel

Public agencies are responsible for many types of capital improvements in Newport Beach, from beach access and coastal park facilities to harbor maintenance and the city or county civic center. Key contract administration responsibilities include: 

• Preparing bid packages
• Evaluation procedures
• Reviewing and issuing protests
• Change orders
• Project closeout
• Compliance

Administrative processes and documentation can help to facilitate contract administration and reduce the potential for disputes to arise. Consistent communication with contractors, timely notices, and tracking of project progress are critical to keeping Newport Beach public works projects on time and within budget, including when permits for coastal projects require additional regulatory review.

Responding to False Claims and Government Investigations

Contractors that bill Newport Beach, OC agencies, the state, or the federal government can be subject to investigation for potential false claims if invoices contain discrepancies or errors, unsupported change order pricing, or misclassified work. Knowing how materiality, intent, and documentation are evaluated during a government investigation can help contractors identify risk early. An investigation can often include: 

• Government subpoenas
• Payroll matching
• Document requests
• Information sharing between government entities

Billing errors, even if unintentional, can result in significant exposure, particularly on state or federally funded projects. Maintaining strong reporting procedures and complete backup records is essential to preserving a contractor’s ability to continue working on Newport Beach public works projects.

Environmental Compliance & Coastal Regulations

Public projects in Newport Beach are likely to encounter environmental and coastal development regulations, since many projects are in or close to the harbor, beaches, wetlands, and the Back Bay. Contractors and public agencies may need to comply with California Coastal Commission requirements, water-quality regulations under the Regional Water Board, and environmental reviews under CEQA.

Understanding how environmental and coastal regulations impact the project is critical to compliance. Routine improvements like shoreline armoring, stormwater system improvements, or even pier repairs may require a coastal development permit, biological study, or other mitigation.

Grant-Funded & Transportation Projects

A significant portion of public works and construction projects completed in Newport Beach utilize state and federal grant funding, particularly in the transportation projects that link up to PCH, MacArthur Boulevard, or regional multimodal corridors.

These projects are subject to additional requirements from Caltrans and the Federal Highway Administration, which impact everything from the bidding process to the approval of change orders and the timing of reimbursements. Failure to comply with the labor compliance, environmental reporting, or cost documentation requirements can put the public entity’s future grant eligibility and reimbursement at risk.

Contact a Newport Beach Public Works & Government Contracts Lawyer

Public works and government contract laws in Newport Beach and OC can include complicated regulations, detailed paperwork, and exacting performance demands. From preparing a bid and prevailing wage requirements, responding to a DIR audit, or even handling potential false claims issues, legal advice from an experienced attorney can assist in protecting your rights and reducing risk.

Engels-Janzen can evaluate your case, explain your options, and help you decide how to proceed. Call Engels-Janzen to set up a consultation to hire a public works & government contracts attorney today.