A controversial new state law introduced by Sen. Elaine Alquist and approved by the Governor in October 2009 will make it easier for the City of Santa Clara to facilitate construction of a new football stadium for the 49ers. Senate Bill 43 creates a new joint powers authority, the Santa Clara Stadium Authority, which will be exempt from the City’s competitive bidding rules and is authorized to award a design-build contract for the new stadium.
The California Court of Appeal recently entered a decision reinforcing the importance of a contractor’s compliance with the applicable code provisions when filing claims and bringing causes of action against public entities in public works projects.
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. …