In a word, yes. Most public agencies are required to award their public works construction projects to the lowest responsive, responsible bidder. Failure to comply with public bidding requirements can result in a legal ruling which can void the contract.
Infrastructure Law Blog
Insights on California and national public works construction issues
The Infrastructure Law Blog, published by Hanson Bridgett LLP, focuses on legal issues related to public infrastructure projects and construction law. It covers topics such as public works contractor registration and compliance, prevailing wage enforcement, design-build project delivery methods, public-private partnerships (P3s), and legislative updates affecting infrastructure development. The blog also addresses regulatory changes impacting local agencies and special districts involved in water, wastewater, flood protection, and other public facility projects. Additionally, it discusses claims procedures for public works contracts and innovations in transportation infrastructure, including bicycle safety improvements.
Latest from Infrastructure Law Blog - Page 4
DIR opinion solidifies “de minimis” exception to prevailing wages for private developers
The California Department of Industrial Relations recently published an opinion which solidifies the “de minimis” exception to prevailing wage laws for private developers which receive small amounts of public financial support for their projects. In Public Works Case No. 2008-37…
Federal Stimulus Bill Means Increased Infrastructure Spending Coming to the Bay Area
By Meghan Mead
While the recession has led to a drastic slowdown in the construction industry, the horizon looks brighter as the Bay Area preps for a welcome infusion of cash from the federal government. The money comes from the federal stimulus bill,…
President Obama Signs Executive Order Authorizing Use of Project Labor Agreements for Some Federal Construction Contracts
On February 6, 2009, President Obama signed an Executive Order authorizing federal executive agencies to use project labor agreements on federal construction contracts with a total cost of $25 million or more. The Order is effective immediately, and the Federal…
New guide for creating “grid neutral” schools in California
The California State & Consumer Services Agency recently released the first draft of a step-by-step guide to help California schools and community colleges cut energy costs through on-site electricity generation and become “grid neutral.” The guide is entitled “Grid Neutral: Electrical Independence for California Schools…
California court upholds 50-year ground lease between public health care district and private health care provider, allowing construction of a new SF Bay Area hospital to proceed
A recently published appellate case upholds a 50-year ground lease and related agreements between the Peninsula Health Care District (“District”) and the Mills-Peninsula Health Services (“MPHS”), which will allow the construction of a new hospital that complies with California’s stricter…
New design-build authority for cities, transit operators and Sonoma Valley Health Care District
Governor Schwarzenegger recently signed three bills which will expand the ability of cities, transit operators and the Sonoma Valley Health Care District to award projects on a design-build basis. Each of these agencies is generally constrained by public bidding requirements to award…
Court clarifies public works contract claims procedures in relation to government tort claim procedures
On August 25, 2008, a California appellate court held that compliance with the claims procedures set forth in a public works contract relieves a contractor from the requirement to file a government tort claim prior to filing a lawsuit, unless…
Court clarifies subcontractor substitution requirements
A California appellate court recently clarified the requirements for substitution of a subcontractor on a public works project under Public Contract Code sections 4100-4114. (Titan Electric Corp. v. Los Angeles Unified School District (2008), 160 Cal.App.4th 188.) Public Contract…
New bill would expand design-build authority for cities and specified projects
A new bill authored by Doris Wolk would expand the authority to award projects on a design-build basis to all cities, as well as to projects by any “qualified entity” for local or regional wastewater facilities, solid waste management facilities,…