Infrastructure Law Blog

Infrastructure Law Blog

Insights on California and national public works construction issues

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New bill would expand design-build authority for local agencies

Posted in Design-Build, Legislation

A new bill, AB 851, was introduced in the California legislature on February 16 that would expand the scope of the design-build authority currently available to local agencies. ┬áIf adopted, AB 851 would amend Public Contract Code sections 22161 to expand the definition of special districts that can utilize the design-build authority under Public Contract… Continue Reading

Design-build gaining traction in the public sector

Posted in Design-Build

The use of design-build in the public sector appears to be growing.  As more public agencies achieve positive results with this project delivery method, the legislature appears to be more comfortable with expanding the statutory authority.  My colleague, Lisa Dal Gallo, and I recently co-authored an article about this trend as well as the many benefits of design-build.  Click here for a copy of… Continue Reading

Design-build authority for transit operators extended to 2015

Posted in Design-Build

On October 11, 2009, Governor Schwarzenegger signed into law AB 729 (Evans), revising the design-build statute applicable to transit operators.  AB 729 extends the authority of public transit operators to use design-build contracting from January 1, 2011 to January 1, 2015.  We interpret this to mean that transit operators must award, but not complete, a design-build contract prior… Continue Reading

Are public works bidding requirements in California really that restrictive?

Posted in CM at Risk, Design-Build, Integrated Project Delivery

In a word, yes.  Most public agencies are required to award their public works construction projects to the lowest responsive, responsible bidder.  Failure to comply with public bidding requirements can result in a legal ruling which can void the contract.  However, there are also a variety of alternative project delivery methods (design-build, construction manager at-risk,… Continue Reading

New design-build authority for cities, transit operators and Sonoma Valley Health Care District

Posted in Design-Build

Governor Schwarzenegger recently signed three bills which will expand the ability of cities, transit operators and the Sonoma Valley Health Care District to award projects on a design-build basis.  Each of these agencies is generally constrained by public bidding requirements to award construction contracts separately from contracts for professional design services.  These agencies will now have a greater… Continue Reading

New bill would expand design-build authority for cities and specified projects

Posted in Design-Build

A new bill authored by Doris Wolk would expand the authority to award projects on a design-build basis to all cities, as well as to projects by any “qualified entity” for local or regional wastewater facilities, solid waste management facilities, or water recycling facilities. The bill, AB 642, has passed both the state assembly and state… Continue Reading

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

Posted in Alternative Project Delivery Methods, Design-Build

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… Continue Reading