ARTICLES BY

BERNARD S. KAMINE

DIFFERING SITE CONDITIONS
By Bernard S. Kamine

Reasons for differing site conditions (DSC) clauses (also known as changed conditions clauses), types of DSC, limits on owner efforts to circumvent DSC clauses, proving a DSC exists.  Versions appeared in the ECA Magazine 6/07 and 7/07.

NOTICE, CLAIM AND LAWSUIT DEADLINES
By Bernard S. Kamine

The time limits for various actions on private, state and federal construction projects, including notice of bid mistake, request to substitute listed subcontractors, confirmation of supplier's bid, submission of "or-equal" substitution, preliminary notice, bond claim notice, mechanics lien, stop notice and Government Code claim. Also deadlines for lawsuits for relief from forfeiture of bid bond, to foreclose mechanics lien, to enforce stop notice, against payment bond, and to overturn prevailing wage violation withhold. Versions appeared in Kamine, PUBLIC WORKS CONSTRUCTION MANUAL: A LEGAL GUIDE FOR CALIFORNIA (BNi Building News, 1996) and ECA Magazine 2/06.

WHY COMPETITIVE BIDDING PROHIBITS SOLE-SOURCING AND MUST ALLOW OR-EQUAL SUBMITTALS
By Bernard S. Kamine

Sole-sourcing violates the principles of competitive bidding. The statutes and regulations authorizing or-equal submissions merely implement those underlying principles. Versions appeared in L. A. Daily Journal, 6/9/05 and ECA Magazine 4/05.

CALIFORNIA OR-EQUAL REQUIREMENTS
By Bernard S. Kamine

The scope and timing of California or-equal requirements, and the exceptional situations when sole-sourcing will be allowed. Versions appeared in L. A. Daily Journal, 12/30/03 and ECA Magazine 1/04.

EVERYTHING YOU EVER WANTED TO KNOW ABOUT EXTRA WORK AND THE CHANGES CLAUSE
By Bernard S. Kamine

Explains why contracts have a clause allowing change orders, describes the limits on the owner's power to order changes, lays out various bases for extra work claims, and describes contract clauses designed to control or prevent extra work claims and how the courts respond to those clauses.

WHEN LIQUIDATED DAMAGES CAN AND CANNOT BE ENFORCED
By Bernard S. Kamine

Every public works project that overruns the contract time, as extended, enters into the realm of liquidated damages.  There are many reasons why liquidated damages may not be enforced, but they generally involve just a few legal concepts:  (1) Whether any damages were actually suffered.  (2) Whether the prescribed liquidated damages meet minimum requirements for reasonableness.  (3) Whether the contract language requires the all-or-nothing or apportionment-of-delay analysis.  (4) Whether liquidated damages are barred by acts or omissions of the owner which prevented timely performance, amount to waiver, or estop the owner from enforcing the liquidated damages provision.  Versions appeared in the ECA Magazine 4/03 and 5/03.

ARTICLES BY

MICHAELBRENT COLLINGS

GREAT WEST AND LICENSURE RULES
By Michaelbrent Collings
Maintaining a license throughout all phases of work - from bid to performance to wrap-up - is a "must" for any contractor or sub hoping to get paid.  A 2008 case makes it even harder for unlicensed contractors to collect for work they have done.

COLLATERAL ESTOPPEL
By Michaelbrent Collings
“Collateral estoppel” is a legal doctrine that prevents the parties to a lawsuit from commencing another lawsuit against one another on the same claims that were decided in the previous lawsuit. But what if the dispute is resolved in an arbitration? Collateral estoppel in arbitration is a different – and often more complicated – matter.

COMPETITIVE BIDDING VS. SOCIAL POLICY
By Michaelbrent Collings
New York's highest court has ruled that requiring New York contractors to provide equal benefits to domestic partners violates competitive bidding rules.

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