Business Operations: Bidding, Construction, and Real Estate
Franczek provides comprehensive legal services relating to the business operations of higher education institutions. Our services range from direct involvement in helping institutions bid, negotiate, and award contracts to counseling and litigating on behalf of institutions in disputes involving real estate and construction contracts.
Bidding & Contracts
When higher education institutions seek to use vendors for outside services, the process of bidding and contracting these vendors may be subject to intense scrutiny by campus constituencies, government entities, or even the public. Franczek’s extensive experience in representing educational institutions helps institutions manage this level of scrutiny in conducting what are, clearly, vital business operations with implications for the institution’s long-term financial health and abilities to meet its strategic goals.
We assist educational institutions in drafting and amending requests for proposals, and we also counsel colleges and universities once responses are received. We are also experienced in litigating bidding-related cases on behalf of educational institutions.
Once bidding is complete, the need for a legally sound and agreed-upon contract is essential. We provide counseling and guidance to assist in the negotiation and drafting of contracts and in the institution’s daily interaction with vendors. We have advised institutions on agreements pertaining to campus business operations including technology, safety and security, and food service.
Real Estate & Construction
Purchasing, selling, and building decisions are among the most significant investments or divestures that a college or university can undertake. These decisions reflect judgments not only about the current financial condition of the institution but also about its programmatic and strategic goals, and Franczek’s experience serving the educational community makes it a valuable participant in all aspects of this process. Our attorneys assist by identifying potential property, representing the institution during bidding and auctions, leading negotiations, drafting transactional contract documents, and closing the transaction. We also negotiate long-term leases for the purposes of leasing a new facility as a tenant or acting as landlord in leasing space to another entity.
Real estate transactions involving higher education are seldom “routine,” and our attorneys have successfully handled a wide range of such difficult challenges. Our relevant experience includes seeking an easement to build a necessary utility, obtaining zoning approvals for new development projects from municipal planning commissions and councils, and representing clients in complex condemnation cases.
From bidding and negotiating construction contracts to the design of novel energy saving agreements, Franczek assists higher education institutions in all aspects of the construction process. We have negotiated all forms of construction contracts, including major campus improvements to general maintenance projects. We also represent educational institutions in the litigation and arbitration of construction disputes.
The business operations of educational institutions present unique and difficult management as well as legal issues. With our extensive knowledge of higher education as well as its experience in real estate and construction, Franczek provides value-added counseling and representation to institutions in their business operations.