Last week, CSDA joined with the California Association of Sanitation Agencies, the California State Association of Counties, and the League of California Cities to file an amicus brief in support of the Los Angeles Unified School District in the case of Los Angeles Unified School District v. Great American Insurance Company, et al.
This case is currently being heard by the California State Supreme Court and stems from two conflicting lawsuits on the appellate level. As a result of the lawsuits, legislation harmful to public agencies like schools, special districts, counties and cities was introduced this previous legislative session.
That bill, Assembly Bill 983 by Assembly Fiona Ma (D-San Francisco), required local public agencies, before entering into a contract for a project, to provide full, complete and accurate plans and specifications and estimates of cost.
The bill sought to shift the burden and liability of reviewing plans from the general contractor onto the public agency.
This places unrealistic expectations on local public agencies and has the potential to greatly increase costs incurred by the local public agency and the public through design delays and litigation on projects. AB 983 was vetoed by the governor last year because it was the source of pending litigation.
Despite this, it was reintroduced this year as AB 815.
CSDA is closely tracking both the bill and the lawsuit. Arguments before the Supreme Court are expected later this year, and CSDA will inform our members of new developments.