BILL ANALYSIS
AB 815
Page 1
ASSEMBLY THIRD READING
AB 815 (Ma)
As Amended May 18, 2009
Majority vote
JUDICIARY 10-0 LOCAL GOVERNMENT 6-0
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|Ayes:|Feuer, Tran, Brownley, |Ayes:|Caballero, Knight, |
| |Skinner, Jones, Knight, | |Arambula, Davis, Duvall, |
| |Krekorian, Lieu, Monning, | |Skinner |
| |Nielsen | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : States legislative intent regarding certain public
construction statutes. Specifically, this bill provides that it
is 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 on a public works project 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.
3)With respect to state agencies, provides that before entering
into any contract for a project, the department shall prepare
full, complete, and accurate plans and specifications and
estimates of cost, giving such directions as will enable any
AB 815
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competent mechanic or other builder to carry them out.
FISCAL EFFECT : None
COMMENTS : This measure is substantively identical to AB 983
(Ma) of 2008, which 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.
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.
In anticipation of a possible ruling by the court during this
legislative session, the author has introduced this bill. In
light of the prior veto and the substantial opposition, however,
and in order to allow the bill to meet legislative deadlines
while maintaining flexibility regarding the precise proposal
that may be needed to respond to the important issues raised by
the case, depending on the outcome of Supreme Court's decision,
the author has judiciously agreed to the bill's intent language.
Analysis Prepared by : Kevin G. Baker / JUD. / (916) 319-2334
FN: 0000796