E109 Maintenance or Construction? Why the Difference Matters

When it comes to school and community college district projects, correctly classifying work as “maintenance” or “construction” can make or break your bidding and contracting process. In this episode, Lozano Smith attorneys Arne Sandberg and Andrea Olivarez join host Sloan Simmons to unpack the key distinctions between these two categories, how they impact contract structure and bidding requirements, and what your team needs to know about competitive thresholds and UPCCAA procedures. Whether you’re drafting a contract or preparing to go out to bid, this discussion offers essential guidance to ensure compliance and clarity. Show Notes & References 1:32 – Determining if a project is maintenance or construction 4:06 – Bidding process for maintenance and public projects 4:48 – Categorizing repair work as maintenance versus construction 8:27 – Impact on contracts 8:58: – “Required Work” and “Potential Work” contract language 11:55 – Unique bidding procedures for maintenance projects 13:11 – UPCCAA and informal bidding procedures 14:42 – Formal competitive bidding 15:50 – Key takeaways For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.