public works disputes
Overview
Public works disputes generally require the claimant to provide notice of the dispute and any claim within relatively short time periods. A failure to satisfy these requirements may entirely waive a claimant’s rights to additional time or compensation on their contract. Claimants who have properly followed these prerequisites and who are entitled to extra time or compensation for their contract must promptly act to protect their rights.
The public works disputes attorneys at Flores Ryan, LLP have expertise in every aspect of California and Federal public works disputes. We provide the legal expertise to ensure that each public works dispute is handled efficiently and effectively. Our extensive experience as public works disputes attorneys allows us to advance public works disputes strategically to maximize the likelihood of a rapid and substantial recovery.
ARTICLES
California Mechanics Lien Basics
This article covers eligibility for obtaining, and requirements for perfecting, mechanics liens in California.
Mechanics Lien Deadlines In CA
An overview of the deadlines applicable to recording and enforcing mechanics liens in California.
Steps To Take After Recording A Mechanics Lien In California.
Suggestions and strategies for securing payment after a mechanics lien has been recorded.
Mechanics Lien, Stop Payment Notice, Or Bond Claim?
A comparison of statutory payment remedies and when some or all should be employed.
Key Points about public works disputes
- Public Contract Code section 9204 requires the owner to review claims and provide a written statement identifying the disputed and undisputed portions of the claim within 45 days, unless extended by mutual agreement.
- Undisputed portions of a claim against a local agency are due within 60 days .
- Public Contract Code section 9204(d)(5) allows subcontractors to make a pass-through claim through the direct/prime contractor.
- If the original contractor does not prosecute the subcontractor's claim against the owner in its own name pursuant to Public Contract Code section 9204(d)(5), the original contractor must provide the subcontractor with a statement of the reasons for not having done so.
- Most California public works contracts contain short deadlines for providing an owner notice of a change requiring an adjustment to the contract's time or price. If the notice periods are not satisfied, the claim may be waived even if the extra work is performed.
- Contractors involved in public works disputes must be aware that a violation of the False Claims Act may bar them from bidding public work in the future.
- A public owner may be liable to subcontractors and suppliers if the public owner failed to require the direct contractor to purchase a payment bond when required.
GENERATE APPLICABLE FORMS
Below you can generate the following forms applicable to public works disputes: