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April 2002 - Legal Grounds
The Good, The Bad & The Ugly
By Bernard S. Kamine, Kamine Ungerer, LLP
Explores a trio of legal notes of interest to contractors and public agencies including
the Caltrans CPA Audit Desk Guide, the City of Santa Monica's awards to the lowest responsible bidder and change order markup's failure to cove time-related costs.
March 2002 - Legal Grounds
By Jennifer Friend, Michelman & Robinson
A look at the developing trend of permanently precluding contractors from working on
public projects by way of debarment or determination of non-responsibility.
September 2002 - Legal Grounds
By Bernard S. Kamine, Kamine Ungerer, LLP
When below ground utilities are struck, containing the hazards and repairing the line
often shuts down all activity. Who is responsible for identifying the lines and who is liable?
April/May 2003 - Legal Grounds
By Bernard S. Kamine, Kamine Ungerer, LLP
Every public works project that overruns the contract time, as extended, enters into
the realm of liquidated damages. There are many reasons why liquidated damages may not be enforced, but they generally involve just a few legal concepts.
August 2003 - Legal Grounds
By Bernard S. Kamine, Kamine Ungerer, LLP
Many public agencies are issuing contract documents for public works projects that
make illegal insurance demands like excessive earthquake coverage.
September/October 2003 - Legal Grounds
By Bernard S. Kamine, Kamine Ungerer, LLP
Legal restrictions and requirments of prompt payment statutes designed to assure
that contractors, subcontractors and design professionals timely receive progress and retention payments.
January 2004 - Legal Grounds
Current Status of California's "Or-Equal" Requirements
By Bernard S. Kamine, Kamine Ungerer, LLP
California public agencies must allow the contractor on a public works project to
provide an equal to materials, products, things, or services specified in the contract documents.
April 2004 - Legal Grounds
Understand The Law Before You Contract
By Gregory T. Gledhill, Watt, Teider, Hoffar & Fitgerald, LLP
Are you confident that you understand the laws applicable to the government
contracts you enter? Contracting without being adequately informed about the law is certainly a gamble that could end up costing the unwary contractor in the long run.
May 2004 - Legal Grounds
Proving Productivity Losses
By Gregory J. Dukellis, Watt, Teider, Hoffar & Fitgerald, LLP
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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Engineering
Contractors'
Association
800/293-2240
Fax 562/923-6179
8310 Florence Av.
Downey, CA 90240
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June 2004 - Legal Grounds
MTA Attacks Contractor Associations
By Bernard S. Kamine, Kamine Ungerer, LLP
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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September 2005 - Legal Grounds
Releases of Actually Served Stop Notices is Authorized
By Bernard S. Kamine, Kamine Ungerer, LLP
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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April, May & June 2006 - Legal Grounds
Everything You Ever Wanted to Know about Extra Work and the Changes Clause
By Bernard S. Kamine, Kamine Ungerer, LLP
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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October 2006 - Safety Update
Trench Collapses Present Employers With Contradictory Outcomes
By Gerry McEwen - Garrett/Moser Insurance Services
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. |
