Infrastructure & Public Works Blog : San Francisco Infrastructure Lawyer & Attorney : Hanson Bridgett Law Firm : Public Works Construction : Sacramento, Marin County, Northern California

An appellate court case decided in April of 2009 held that public works projects awarded by charter cities, and financed solely from city revenues, were not subject to California prevailing wage requirements under the Prevailing Wage Law. (See State Building and Construction Trades Council of California v. City of Vista (2009) 173 Cal.App.4th 567.)  On August 19, 2009, the California Supreme Court granted a petition to review the case, and de-published the opinion of the appellate court.  According to the Supreme Court website the case has been “fully briefed,” although oral argument has not yet occurred.  Presumably, the Supreme Court will issue its opinion by the end of the year.

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On October 11, 2009, Governor Schwarzenegger signed into law AB 729 (Evans) extending the sunset date on the design-build statute applicable to public transit operators to January 1, 2015.  The full text of the bill can be reviewed here.  This marks the second extension of the sunset date.  The transit operator design-build statute was adopted in 2000 pursuant to AB 958 (Scott), and included a sunset date of January 1, 2005.  In 2006, pursuant to AB 372 (Nation), the sunset date was extended to January 1, 2011.  It appears that the California Legislature is gaining comfort with design-build in the public sector.    

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