Arne B. Sandberg is a Partner in Lozano Smith's Walnut Creek office. Mr. Sandberg represents public agencies in construction disputes and complex property cases. He has litigated on behalf of public agencies since 1993, and he has specialized in public works construction disputes and litigation since 1997.
Mr. Sandberg has represented a wide variety of public works projects "from cradle to grave," with emphasis on proactive project management to minimize claims, as well as cost-effective resolution of disputes and litigation. He helps clients resolve as many disputes as possible during construction, while assisting clients in keeping the project on schedule and preparing clients for claims that may arise at the conclusion of the project. In addition to defending large claims, he has prosecuted many actions to recover damages for public agency clients based on design and construction defects, including seven-figure recoveries.
Mr. Sandberg also drafts construction agreements for public agencies with contractors, design professionals, and construction managers. While no agreement is "bullet proof," he relies on his experience in disputes to develop provisions that reasonably protect his clients' interests and minimize the potential for disputes.
Mr. Sandberg earned his J.D. from the University of the Pacific, McGeorge School of Law. He earned a B.A. from the University of Nebraska-Lincoln.
He is a member of the California Bar Association and the American Public Works Association.
Mr. Sandberg speaks regularly on construction topics at public agency and construction industry conferences, including APWA, CASBO, SSDA and CASH, as well as webinars and other venues.
Two decisions in the last three months have increased the potential for a public entity to be held liable for an injury suffered on one of its recreational trails. Appellate courts deciding Garcia v. American Golf Corporation (May 3, 2017, No. B267613) ___ Cal.App.5th ___ and Toeppe v. City of San Diego (July 27, 2017, No. D069662) ___ Cal.App.5th ___ held that a public entity cannot assert recreational trail immunity when an adjacent hazardous condition of the publi...
Scrutiny regarding school districts' use of lease-leaseback (LLB) construction contracts has prompted the Legislature to impose additional contracting requirements that will make the use of LLB more complicated, and will limit a school district's discretion in selecting the LLB contractor. Assembly Bill (AB) 2316, which the Governor signed on September 23, 2016, will require school districts to use a comprehensive "best value" selection process for LLB contractors. A...
As of January 1, California school districts have been authorized to use job order contracts for public works projects greater than $25,000. Approved by Governor Jerry Brown in October of last year, Assembly Bill No. 1431 modified the Local Agency Public Construction Act to authorize job order contracting for school districts until January 1, 2022. This bill comes after a decade-long pilot program of the job order contract project delivery method at Los Angeles Unified...
An appellate court has ruled that a lease-leaseback (LLB) contract without competitive bidding was legally enforceable. In McGee v. Balfour Beatty Construction, LLC, et al. (Apr. 12, 2016) 2016 Cal.App.Unpub. Lexis 2626, a California appellate court rejected the holding of Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261, that competitive bidding was required for an LLB contract unless additional non-statutory contract terms were included. However, t...
Local public agencies have several options when it comes to choosing a delivery method for a construction project. The public-private partnership method, or P3, is one option that is receiving increased attention. P3 involves a long term partnership between a public agency and private entity, where typically the private entity finances, designs, builds, operates, and/or maintains a fee-producing public project. In exchange, the private entity will be repaid over an ex...
Notable Projects and Cases
Mr. Sandberg has successfully resolved many complex public agency disputes with contractors, subcontractors, design professionals, and construction managers. Notable projects and litigation include:
- City of Antioch – $16 million water treatment plant expansion;
- Coast Unified School District - $20 million elementary school construction;
- City of Clovis - $28 million surface water treatment plant construction;
- Napa Valley Community College District - $25 million library and learning center construction;
- Merced City School District - $5 million elementary school expansion;
- Lammersville Joint Unified School District - $25 million elementary school construction;
- Pajaro Valley Unified School District - $14 million Watsonville High School addition;
- City of Milpitas - $40 million City Hall construction;
- City of San Leandro - $15 million library expansion and retrofit;
- City of Dublin - $13 million library construction;
- Alameda County Mosquito Abatement District - administration building expansion;
- Town of Windsor - corporation yard construction;
- East Bay Regional Park District - Contra Loma Swim Lagoon construction;