BILL NUMBER: AB 457	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 25, 2011

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 amended, 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  and would allow attorney's
fees and costs to be awarded to the public entity under specified
circumstances  .
   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.   (a)    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. 
   (b) If the court finds that the challenge was clearly frivolous,
clearly vexatious, or brought solely for purposes of harassment, it
may award reasonable attorney's fees and costs to the public entity.