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

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 18, 2009
	AMENDED IN ASSEMBLY  MAY 6, 2009

INTRODUCED BY   Assembly Member Ma

                        FEBRUARY 26, 2009

   An act relating to public contracts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 815, as amended, Ma. Public contracts: 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.
   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.