An Administrator's Guide to California Private School Law

Chapter 17 – Construction

Schools should use their own form of construction contracts and documents to ensure the various requirements and protections are included in the documents. Legal counsel and the school’s construction team should review the contract documents to ensure the school is adequately protected, especially if the contractor provides its own form contract.

LCW Practice Advisor

1. F INGERPRINTING O F C ONTRACTORS Contractors will perform construction or repair work on school facilities. Schools, therefore, must institute one of the following three safety measures to protect pupils:

 Installation of a physical barrier at the worksite to limit contact with pupils.  Continual supervision and monitoring of all employees of the construction contractor.  Surveillance of construction manager employees by school personnel. 2343

The contractor and its employees are not subject to fingerprinting and criminal background checks if the school utilizes one of these three protective methods. 2344 Schools should insert a provision in the construction contract stating that the contractor and its employees are not to have more than limited contact with the school’s pupils.

Section 6 I NSURANCE In preparing and planning for a construction project, schools should not overlook insurance protections from its hired contractors and consultants. By the time property is lost or damaged, it is too late to obtain the required coverage. The school will have exposure to greater liability if the architect, construction manager, or the contractor or its subcontractor’s fail to obtain or maintain the required insurance coverage. To prevent these exposures, the school should consult with its insurance company regarding the types and amounts of insurance coverage required to cover the risks and potential liabilities on the project before beginning a construction project. The school should then work with legal counsel to include provisions in the contract documents requiring the appropriate insurance coverage. Schools should not assume that all insurance policies of the same type provide identical coverage. Many insurance companies use forms prepared by the Insurance Services Offices. An insurance company may broaden or limit the coverage it provides under its specific policies. Schools should review insurance policies as a policy issued by one insurance company may provide slightly or substantially different coverage from a policy containing the same name but issued by another insurance company.

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 565