2007 Legislation Affecting the Construction Industry

New laws concerning the construction industry will go into effect in 2007, some of which are previewed below. These laws encompass a wide variety of issues including indemnification of design professionals, the ability of architects to practice as limited liability partnerships, “green” building construction, expansion of design-build procurement, revocation and suspension of contractors’ licenses, execution of public university contracts, and regulation of the conduct of architects. 

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State legislature expands statutory design-build authority to apply to more cities and counties

Pursuant to three separate bills, the state legislature expanded existing statutory authority to award construction contracts on a design-build basis to apply to more cities and counties as of January 1, 2006. In each case, the duration of the statutory design-build authority was extended to the year 2011, and the dollar threshold was lowered to $2.5 million per project for counties. Following is a short summary of the bills:

·        AB 1329 (Wolk): This bill added section 20175 to the Public Contract Code, and authorizes cities in the counties of Solano and Yolo to award construction contracts on a design-build basis. The authority only applies to buildings and directly related improvements, and does not apply to streets, highways, public rail transit, or water resources facilities and infrastructure. The statute has a sunset provision for the year 2011.

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