Bill Text: CA AB815 | 2009-2010 | Regular Session | Amended

California Assembly Bill 815 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: State property.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2010-09-27 - Chaptered by Secretary of State - Chapter 350, Statutes of 2010. [AB815 Detail]

Download: California-2009-AB815-Amended.html

BILL NUMBER: AB 815	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 6, 2009

INTRODUCED BY   Assembly Member Ma

                        FEBRUARY 26, 2009

   An act  to amend Section 1104 of the Public Contract Code,
  relating to public contracts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 815, as amended, Ma. Public contracts:  plans and
specifications.   bidding procedures: legislative
intent. 
   Existing law contains various provisions relating to the bidding
process for public works projects. Existing law prohibits a local
public entity, charter city, or charter county from requiring a
bidder to assume responsibility for the completeness and accuracy of
architectural or engineering plans and specifications on public works
projects, except on clearly designated design-build projects.
   This bill would  declare the intent of the Legislature to
consider enacting subsequent legislation to address the issues raised
in a specified case being reviewed by the California Supreme Court,
as needed, once those issues are ripe for consideration after the
Supreme Court has rendered a decision interpreting the parties'
rights and obligations under existing law with regard to public
contracts disputes   require a local public entity,
charter city, or charter county, before entering into any contract
for a project, to provide full, complete, and accurate plans and
specifications and estimates of cost, giving such direction as will
enable any competent mechanic or other builder to carry them out. The
bill would exempt from these provisions any clearly identified
design-build projects or design-build portions thereof. The bill
would specify that a local public entity, charter city, or charter
county would not be required to provide bidders with plans and
specifications for projects that are completed entirely through an
annual contract for repair, remodeling, or other repetitive work
according to unit prices  . 
   This bill would further provide that these provisions shall not be
construed to require a contractor to prove an affirmative or
intentional misrepresentation or active concealment on the part of
the public entity, charter city, or charter county that provides the
plans and specifications, nor construed to prohibit the public
entity, charter city, or charter county from raising any affirmative
defenses available to it under law. The bill would also specify that
these provisions would not expand, restrict, or otherwise change the
liability or potential liability of a design professional, as
defined. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    It is the intent of the Legislature to
consider enacting subsequent legislation to address the issues raised
in Los Angeles Unified School District v. Great American Ins. Co.
(2008) 163 Cal.App.4th 944, review granted,193 P.3d 280; 84
Cal.Rptr.3d 35 (2008), as needed, once those issues are ripe for
consideration after the California Supreme Court has rendered a
decision interpreting the parties' rights and obligations under
existing law. 
  SECTION 1.  Section 1104 of the Public Contract Code is amended to
read:
   1104.  (a) No local public entity, charter city, or charter county
shall require a bidder to assume responsibility for the completeness
and accuracy of architectural or engineering plans and
specifications on public works projects, except on clearly designated
design build projects. Nothing in this section shall be construed to
prohibit a local public entity, charter city, or charter county from
requiring a bidder to review architectural or engineering plans and
specifications prior to submission of a bid, and report any errors
and omissions noted by the contractor to the architect or owner. The
review by the contractor shall be confined to the contractor's
capacity as a contractor, and not as a licensed design professional.
   (b) Except for clearly identified design-build projects or
design-build portions thereof, before entering into any contract for
a project, a local public entity, charter city, or charter county
shall provide full, complete, and accurate plans and specifications
and estimates of cost, giving such direction as will enable any
competent mechanic or other builder to carry them out.
   (c) This section shall not be construed to require a local public
entity, charter city, or charter county, for projects that are
completed entirely through an annual contract for repair, remodeling,
or other repetitive work according to unit prices, to provide
bidders with plans and specifications. If a local public entity,
charter city, or charter county utilizing this type of contract
provides bidders with plans and specifications, the plans and
specifications shall comply with subdivision (b) of this section.
   (d) (1) Nothing in this section shall be construed to require a
contractor to prove an affirmative or intentional misrepresentation
or active concealment on the part of the local public entity, charter
city, or charter county that provides the plans and specifications.
   (2) Nothing in this section shall be construed to prohibit a local
public entity, charter city, or charter county from raising any
affirmative defenses available to it under law.
   (3) Nothing contained in this section shall expand, restrict, or
otherwise change the liability or potential liability of a design
professional, as defined in paragraph (2) of subdivision (b) of
Section 2782.8 of the Civil Code.