An Administrator's Guide to California Private School Law Compendium

 How much has been paid into retention?  Have any stop payment notices been filed? If so, what are the amounts of the stop payment notices and the amounts being withheld to cover them?  Have any mechanics liens actions been filed? If so, what are the amounts of the mechanics liens and amounts being withheld, if any, to cover them?  Are there any back charges, and if so, in what amount and for what items?  What are the liquidated damages per day? How much in liquidated damages has the school assessed against the contractor?  Is there a punchlist? If so, what items remain and what are the estimated or actual costs associated with each item?  Is there any damage to property? If so, what are the damages and the estimated or actual costs associated with them.  Who is the surety and has there been any contact with the surety? If so, what is the attitude of the surety regarding work and completion of the project?  Who are the architect and inspector of record?  Is there a construction manager and what is his or her role?  Are there pictures of the problems and attempted resolutions? This is important even if nothing is changing on the project day to day.  Is there any written evidence of the problems and attempted resolutions, i.e., meeting minutes, Inspector of Record records, etc.? i. Determine whether there is an anticipated claim by the contractor and whether any part of a claim might be valid for:  Extra work.  School-caused delay, resulting in delay damages or time extension to the project completion date. g. Who are the parties involved in the dispute? h. What evidence does the school have?  Does the Inspector of Record have good daily reports with information regarding work force, weather, etc.?

An Administrator’s Guide to California Private School Law - Compendium ©2019 Liebert Cassidy Whitmore 244