An Administrator's Guide to California Private School Law

Chapter 17 – Construction

and the school does not employ a person with expertise in directing a construction project. Some schools will utilize the services of both project and construction managers. A project manager can assist the school in using its resources effectively, oversee construction of multiple projects, and interact with construction professionals on behalf of the school. The construction manager typically works on a particular project and handles daily construction issues such as coordinating the activities of contractors to enable them to complete their assigned tasks on time and on budget. The same entity can often provide both project and construction management services. Schools may select the project and construction managers that best fit their needs. A construction manager does not need to have a contractor’s license as long as he or she will not perform any construction work or enter into any other contract or subcontract related to the work. 2264 The Legislature, however, generally encourages owners to use construction managers holding a contractor’s license for their projects. 2265 This can help ensure your school’s construction manager is properly experienced to handle the work. Many licensed construction contractors also offer project and construction management services. Importantly, a school should ensure the project or construction manager is qualified and competent to do the work. A school may face third party claims or liability if its hired construction manager’s acts, errors, or omissions harm the contractor or others, or delay the project. If that occurs, the third party will likely pursue a claim against the school for its agent’s failure to properly perform. The school may be able to seek indemnification from the construction manager for his or her failure to perform, but a school may avoid many of these problems by selecting a competent and qualified project or construction manager. C. E NGINEERS Engineers are typically consultants to the architect who assist with specific portions of a project, such as preparing civil, mechanical, structural, or electrical plans, specifications, or sketches. A school may directly contract with an engineer if it desires. Schools hiring engineers should consider using the same qualifications, competency, and experience based selection process used to select the project architect. A registered civil engineer is also permitted to practice construction and project management services, including design review, construction supervision, and general management and administration of a construction project. 2266

P LANNING A ND D ESIGN I SSUES

Section 3

A. P RIVATE S CHOOLS B UILDING S AFETY A CT O F 1986 Private schools must provide their students life safety protection from earthquake and other harms similar to the protections provided to children attending public schools. 2267 The Legislature established protections in the Private Schools Building Safety Act of 1986 (“Safety Act”) that require private schools to ensure student-used facilities are safe. 2268 The Safety Act

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