BILL NUMBER: AB 457	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Wagner

                        FEBRUARY 15, 2011

   An act to add Section 5111 to the Public Contract Code, relating
to public contracts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 457, as introduced, Wagner. Public works contracts: relief for
bidders.
   Existing law sets forth the procedures governing the bidding,
awarding, and payment of public works contracts by public entities,
and the relief due bidders and contractors under those contracts.
   This bill would entitle a bidder who successfully challenges the
award of a contract determined to be invalid due to errors or
omissions of the public entity to recover costs and attorney's fees
incurred in pursuing the challenge.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 5111 is added to the Public Contract Code, to
read:
   5111.  If a contract is entered into under Section 5110 pending
final decision on a challenge to the intended or actual award of the
contract, and if the contract is later determined to be invalid due
to errors or omissions of the public entity, a bidder who
successfully challenges the intended or actual award of that contract
shall be entitled to recover costs and attorney's fees incurred in
pursuing that challenge.