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January 2011 - Legal Grounds |
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Contractors Get Help from Courts in 2010 |
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By Bernard S. Kamine, Kamine, Collings & Phelps, PC |
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Contractors had a big year in the California appellate courts, and ECA played an important role in two of the cases. In balancing the rights of contractors against the interests of construction lenders, the court comes down on the side of contractors. ECA argued that doing so was required by the state constitution. |
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February (Directory) 2010 - Legal Grounds |
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Notice, Claim & Lawsuit Deadlines |
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By Bernard S. Kamine, Kamine, Collings & Phelps, PC |
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The constant tug-of-war among owners, contractors and lenders makes the laws governing construction disputes more and more complex. The time limits for various actions are numerous and confusing. The penalty for missing these deadlines can be severe: A contractor's right to withdraw a bid, enforce a subbid, replace a subcontractor, provide an equal, or pursue a lien, stop notice or bond claim can be lost completely. |
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September 2009 - Legal Grounds |
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ECA Gets Or-equal Statute Amended |
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By Bernard S. Kamine, Kamine, Collings & Phelps, PC |
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The or-equal statute (Pub. Cont. Code § 3400) is supposed to encourage contractors and manufacturers to develop and implement new and ingenious materials, products and services that function as well, in all essential respects, as those specified, but at a lower cost to taxpayers. To implement that purpose, the statute prohibits agencies from requiring a material, product or service to be provided by one, sole, specified source. But agencies often look for ways to circumvent this statute. This year, ECA sponsored an amendment to tighten it up; the amendment was passed and recently signed by the Governor. |
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September 2009 - Political Action |
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ECA-Sponsored AB 1086 Clarifies "Or-Equal" Statute |
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By Phil Vermeulen, ECA Legislative Advocate |
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Public Contract Code § 3400 is known as the "or-equal statute." Its purpose is to give taxpayers the benefit of contractor/manufacturer ingenuity that reduces the cost of construction while providing the same functionality of the product or construction method specified by the public agency who is bidding-out the work. |
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ECA 2009 Directory - Legal Grounds |
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What You Need To Know About Bid Protests |
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By Bernard S. Kamine, Kamine Ungerer, PC |
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When work is plentiful, and only 3 or 4 contractors bid each project, the second low bidder just moves on to the next job opportunity. But when work is scarce, with 25 or more bidders for each contract, then the second low bidder, and even the third or fourth low bidders are likely to look for ways to get the award. |
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June 2009 - Legal Grounds |
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Carno & Carlton, LLP Secures $1.4 million Judgement |
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Saddleback Valley Unified School District has been ordered to pay $1.4 million to a construction company and its attorneys for a troubled renovation project at a special education school, the culmination of a two-year legal battle that the victorious party called an "unfortunate waste" of precious school funds. |
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November 2008 - Legal Grounds |
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Sole-sourcing To Match Existing & Or-Equals |
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By Bernard S. Kamine, Kamine Ungerer, PC |
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When there is a one line entry, deep in the project specifications, calling for a particular product from one, designated manufacturer "to match existing," can the contractor, nonetheless, accept or-equal bids from other manufacturers, and, more importantly, must the agency consider and accept another manufacturer's product if it is equal to what was specified? |
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October 2006 - Safety Update |
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Trench Collapses Present Employers With Contradictory Outcomes |
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By Gerry McEwen - Garrett/Moser Insurance Services |
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California safety regulators have cited a Los Angeles construction company in the February collapse of a trench that injured a worker in Pasadena. But the Division of Occupational Safety and Health (DOSH) found little or no employer fault in three other incidents in which workers were killed. |
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April, May & June 2006 - Legal Grounds |
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Everything You Ever Wanted to Know about Extra Work and the Changes Clause |
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By Bernard S. Kamine, Kamine Ungerer, LLP |
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If there were no changes clause in the contract, the contractor would have a right to build exactly what was called out in the plans and specifications. The owner could direct no changes without the contractor's consent. If the contractor refused to consent, the change could not be made. That is why every competently drafted construction contract has a changes clause |
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September 2005 - Legal Grounds |
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Releases of Actually Served Stop Notices is Authorized |
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By Bernard S. Kamine, Kamine Ungerer, LLP |
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ECA obtains an amendment to Civil Code 3262, effective January 1, 2006, which allows the release of a stop notice in order to facilitate settlement of payment disputes among prime contractors, subs, and suppliers on public and private jobs. |
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June 2004 - Legal Grounds |
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MTA Attacks Contractor Associations |
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By Bernard S. Kamine, Kamine Ungerer, LLP |
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The Los Angeles County Metropolitan Transportation Authority recently filed court papers impugning the motives and integrity of both ECA and SCCA. It is strange conduct for an agency that is literally begging contractors to bid on its projects. |
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May 2004 - Legal Grounds |
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Proving Productivity Losses |
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-By Gregory J. Dukellis Watt, Teider, Hoffar & Fitzgerald, LLP |
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When a contractor bids and is awarded a fixed price contract, it is betting that it can achieve a certain level of productivity in performing the work such that the contract will be financially successful. When losses are suffered, additional labor costs are typically the largest element of those losses. |
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Click here to go to the downloadable article