Pitfalls of Public Works Contracting (And How to Avoid Them) Seminar

Presented by Sheppard Mullin and Heffernan Insurance, May 2009

The current recession in the construction industry has caused many contractors to focus on public works projects to keep their crews busy. However, public projects are governed by numerous statutes, regulations and contract requirements that are uniquely different from and more onerous than on private projects. Further, the volume of public works is expected to increase as a result of the Federal Stimulus Bill and California Budget Legislation. The shift in the market to public works presents special risks to contractors not familiar with public projects, and challenges for public agencies who must deal with them. Join our panel to learn more about the special risks of public works contracting and how to avoid them.


8:00 – 8:30 Registration and breakfast

8:30 – 10:30 Presentations & Discussion

- Bidding: Bid Protests, Subcontractor Substitution, DBE/MBE/WBE

- Performance: Inspection, Change Orders, Notice & Documentation

- Claims: Defective Specifications, Differing Site Conditions, Delays
&  Liquidated Damages, False Claims Act

- Prevailing Wage Requirements And Penalties

- Bonds: Bid Security, Performance and Payment Bonds, How to Qualify

- Insurance Coverage Issues: Choosing a Carrier, Determining Coverage, Meeting Pre-Qualification Requirements


• Edward B. Lozowicki, Partner, Sheppard, Mullin, Richter & Hampton LLP
• Scott E. Hennigh, Partner, Sheppard, Mullin, Richter & Hampton LLP
• Morgan Forsey, Associate, Sheppard, Mullin, Richter & Hampton LLP
• Brian Murphy, Vice-President, Construction Practice, Heffernan Insurance Brokers
• David Harris, Vice-President, Heffernan Insurance Brokers

Who should attend: Public agencies, developers, contractors, and anyone interested in knowing more about the public works contracting process.

Cost: $50

Questions? Please contact Nena Castro, (415) 774-3252,

This activity complies with standards for Minimum Continuing Legal Education prescribed by the California State Bar and is approved for 2 hours of MCLE credit. Sheppard, Mullin, Richter & Hampton LLP is a State Bar of California approved MCLE provider.