CALIFORNIA PUBLIC WORKS CONTRACTS PART 1: THE PROS AND CONS

California’s seeing a huge a rise in numerous public projects. Because of this, we have created a special series of public contracts blogs for our fellow contractors to cut through all the noise and learn the basics of Public Works contracts.

What is Public Works?

“Public Works” as opposed to private works of construction, usually means construction with public funds to be owned by and used for the benefit of the public. But different definitions of public works have been given in various statutes applicable to a particular situation.

Usually a “Public Contract” is one in which one of the parties is a public agency.  However, even subcontractors who work on public projects and do not contract directly with the public agency will be controlled by specific public contract laws.  This is because subcontracts always incorporate the terms of the prime contract which is with a public agency.

The Cons of Public Works Contracts

The public contract field has many special laws with which even a lot of construction attorneys are not familiar. The problem is that some laws create contractual provisions that are not found in the text of a public contract.  Statutes may establish special claims procedures or limitations periods that are different from private contracts.

Local agencies have different statutory requirements that are usually specific to the type of local agency involved.  Provisions affecting public contracts are also found in city charters and ordinances. Moreover, provisions in the California Code of Regulations and public entity regulations as well as the Government Code may apply to a particular claim.

When you have a California public works contract claim you need a construction attorney that knows and understands the rules that apply to public works.

The Pros of Public Works Contracts

A trusted attorney with Public Contracts experience can help you protect yourself before before entering into one. Even though usually the terms of Public Contracts are not negotiable, the attorney can help you understand which provisions are important and can affect your right to get paid for your work or other such matters and help you avoid potentially catastrophic situations.

When you have a public works contract claim you need a construction attorney that knows and understands the rules that apply to public works. We are an Orange County/Los Angeles based construction law firm with years of experience litigating public works claims.

Like we always say, If you have a construction dispute, we have the experience to litigate it. Contact us for a consultation at 949-436-2785 to learn more.

The preceding is a summary of legal subjects provided for informational purposes only.  Most legal issues need complex factual and legal analysis. You are advised not to rely on these blogs and seek legal advice about your specific issues from a licensed attorney in your jurisdiction.  Nothing in these writings is intended to create, or creates, an attorney-client relationship.  For consultation with a licensed attorney you may contact Ghassemian Law Group at 949-436-2785.