A new set of requirements regarding contractor claims submitted on public works projects went in to effect on January 1, 2017. Public Contract Code section 9204 was adopted pursuant to AB 626, and will require most public agencies to revise their claims procedures. See the link below for a discussion of the new law.
On August 25, 2008, a California appellate court held that compliance with the claims procedures set forth in a public works contract relieves a contractor from the requirement to file a government tort claim prior to filing a lawsuit, unless the contract expressly mandates that a government tort claim also be filed. (Arntz Builders v. City of Berkeley (2008) 166 Cal.App.4th 276.)
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.