1. January 15, 2015

    Public Agencies May Withdraw Retained Funds Held in Escrow for a Construction Project Following a Contractor’s Default without Judicial Determination

    BY: Jonathan Vick, Hugh Lee, Spencer Wampole

    In a recent decision, Pittsburg Unified School District v. S.J. Amoroso Construction Co., Inc. (December 22, 2014), the California Court of Appeal affirmed that public agencies have the right to unilaterally declare a default under a construction contract and demand a distribution of securities retained by escrow.  The Court based its decision on Public Contract […] more

  2. October 3, 2014

    Clarification ~ Mandatory Prequalification Requirements Now Apply to Lease-Leaseback Agreements

    BY: Martin A. Hom, Hugh Lee

    The new law becomes operative on January 1, 2015.  Therefore, any lease leaseback project that is awarded after January 1, 2015, involves a projected expenditure of $1,000,000 or more, and uses any money from the Leroy F. Greene School Facilities Act of 1998 or any future state school construction bond must comply with the mandatory […] more

  3. January 31, 2013

    Annual Adjustment to Threshold for Competitively Bid Contracts

    BY: Elizabeth Hearey, Hugh Lee

    Under Public Contract Code sections 20111 and 20651, school and community college districts must competitively bid and award a contract involving the expenditure of more than $50,000, adjusted for inflation, to the lowest responsible bidder. The threshold for the bidding requirement is increased annually to reflect the change in the Implicit Price Deflator for State […] more

  4. December 13, 2012

    Newly Implemented Office of Public School Construction Regulations Create a “Waiting List” for School Districts Applying for State Funding

    BY: Suparna Jain, Stephen McLoughlin, Hugh Lee

    The Office of Public School Construction (OPSC), recognizing that it will continue to receive funding applications from school districts after existing bond authority is no longer available for New Construction and Modernization applications, has implemented new regulations to deal with funding requests. Section 1859.95.1 in Title 2 of the California Code of Regulations establishes how […] more