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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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