BILL ANALYSIS
AB 815
Page 1
Date of Hearing: May 13, 2009
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Anna Marie Caballero, Chair
AB 815 (Ma) - As Amended: May 6, 2009
SUBJECT : Public contracts: bidding procedures.
SUMMARY : Expresses the intent of the Legislature to consider
the issues raised in Los Angeles Unified School District v.
Great American Ins. Co. (2008) 163 Cal. App. 4th 944, review
granted, 193 P.3d 280; 84 Cal. Rptr. 3d 35 (2008) as needed once
they are ripe for consideration after the California Supreme
Court has rendered a decision interpreting the parties' rights
and obligations under existing law.
EXISTING LAW :
1)Prohibits a local public entity, charter city, or charter
county from requiring a bidder to assume responsibility for
the completeness and accuracy of architectural or engineering
plans and specifications on public works projects, except on
clearly designated design-build projects.
2)Permits a local public entity, charter city, or charter county
to require a bidder to review architectural or engineering
plans and specifications prior to submission of a bid, and
report any errors and omissions noted by the contractor to the
architect or owner.
FISCAL EFFECT : None
COMMENTS :
1)AB 983 (Ma) of 2008, which would have revised the respective
responsibilities of contractors and local governmental
entities regarding construction plans and specifications, was
vetoed by the Governor with the following message:
"This bill would require a local public entity before entering
into a design-bid-build contract, to provide full, complete,
and accurate plans, specifications and estimates of cost that
would enable any competent mechanic or other builder to carry
them out.
AB 815
Page 2
This bill is premature. The California Supreme Court recently
agreed to review the case, Los Angeles Unified School District
v. Great American Insurance Co., et. al., that involves the
issues raised by this bill. I believe it is prudent for the
court to rule on current law before making any unnecessary or
ill-advised changes."
2)In anticipation of a possible ruling by the California Supreme
Court during this legislative session, the author has
introduced AB 815 with intent language. AB 815 is a
placeholder in case the author wants to propose legislative
changes based on the California Supreme Court's decision.
3)TECHNICAL AMENDMENT : On page 2, strike out lines 8 to 21,
inclusive, and strike out page 3.
4)This bill was heard by the Judiciary Committee on May 5, 2009,
where it passed with a
10-0 vote.
REGISTERED SUPPORT / OPPOSITION :
Support
Associated General Contractors of CA
Associated General Contractors of San Diego
CA Chapters of the National Electrical Contractors Association
CA Legislative Conference of the Plumbing, Heating and Piping
Industry
CA Sheet Metal and Air Conditioning Contractors, National
Association
Construction Employers' Association
Engineering Contractors' Association
Engineering and Utility Contractors Association
Southern CA Contractors Association
State Building and Construction Trades Council of CA
Opposition
None on file
Analysis Prepared by : Jennifer R. Klein / L. GOV. / (916)
319-3958