Infrastructure Law Blog

Infrastructure Law Blog

Insights on California and national public works construction issues

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Restrictions on State of California’s ability to contract with private engineering firms struck down by California Supreme Court

Posted in Consultants

On November 5, 2007, the California Supreme Court held that the State of California could not enter into a memorandum of understanding with an engineering union which restricted the State from hiring and retaining private engineering firms where such restrictions were barred by a recent amendment to the state constitution. (See Consulting Engineers and Land… Continue Reading

2007 Legislation Affecting the Construction Industry

Posted in Architects, Green Building, Legislation

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… Continue Reading

New law limits design professionals’ indemnity obligations to public agencies

Posted in Architects, Engineers, Indemnity

The Governor signed a new law today which limits a public agency’s ability to impose indemnity obligations on design professionals.  AB 573 (Wolk) creates a new Civil Code section 2782.8 which makes indemnity clauses imposed by public agencies on design professionals (including architects, landscape architects, engineers and land surveyors) unenforceable except to the extent that they are based… Continue Reading

Third Circuit Court of Appeals holds that state’s ability to contract for private architectural and engineering services mandated by California constitution

Posted in Architects, Consultants, Engineers

On June 13th, in Consulting Engineers and Land Surveyors of California, Inc. v. Professional Engineers in California Government, (2006) 2006 Cal. App. LEXIS 874, the Third District Court of Appeal struck down provisions of a union agreement between the state and civil service engineers limiting the state’s right to contract with private engineers, holding that… Continue Reading