Construction

2012 Construction Contract Update (CC)

Published Date: 
2012-01-06
Contact: 

Patrick Wilson

Based on recent legislation, the following revisions have been incorporated into our form Construction Contract:

5% Retention

Effective for all contracts entered into on or after January 1, 2012, California Public Contract Code section 7201 requires that the retention proceeds withheld from any payment by a public entity to the original contractor shall not exceed 5% of the total contract price. However, the retention amount may exceed 5% if the governing board has made a finding, prior to the bid, that the project is “substantially complex” and therefore requires a higher retention amount and the governing board includes both this finding and the actual retention amount in the Notice Inviting Bids.

Private: 
No
ID: 
01-2012

2012 Construction Contract Update (K-12)

Published Date: 
2012-01-06

5% Retention

Effective for all contracts entered into on or after January 1, 2012, California Public Contract Code section 7201 requires that the retention proceeds withheld from any payment by a public entity to the original contractor shall not exceed 5% of the total contract price. However, the retention amount may exceed 5% if the governing board has made a finding, prior to the bid, that the project is “substantially complex” and therefore requires a higher retention amount and the governing board includes both this finding and the actual retention amount in the Notice Inviting Bids.

Private: 
No

Update Regarding Common Questions That Arise in Connection With Construction Projects 06-2010(CC)

Published Date: 
2010-02-01
Contact: 

Patrick C. Wilson, Senior Associate General Counsel pwilson@sclscal.org

Selection of Consultants: While bidding is not required for the retention of professional consultants, state law does mandate that a fair and competitive selection process be utilized by the district when selecting architects, engineers, construction managers, environmental consultants and surveyors.

Private: 
No

Update Regarding Common Questions That Arise in Connection with Construction Projects 04-2010

Published Date: 
2010-02-01
Contact: 

Patrick C. Wilson, Senior Associate General Counsel pwilson@sclscal.org

Selection of Consultants: While bidding is not required for the retention of professional consultants, state law does mandate that a fair and competitive selection process be utilized by the district when selecting architects, engineers, construction managers, environmental consultants and surveyors.

Private: 
No