Responsibility Hearing Attorneys
Overview
Responsibility hearings are forums where a bidder is deemed nonresponsible and is afforded an opportunity to disprove this finding. A contractor whose bid is rejected based on a finding that it is nonresponsible is entitled to a responsibility hearing based on its right to due process. An adverse finding upholding a determination that a bidder is nonresponsible can be appealed by filing a Writ of Mandate in court.
The responsibility hearing attorneys at Flores Ryan, LLP have expertise in every aspect of responsibility hearing procedures and strategies. We provide the legal expertise to ensure that responsibility hearings are properly prepared and filed. Our extensive experience as responsibility hearing attorneys allows us to advance responsibility hearing claims 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 CA.
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
- A responsibility hearing is a forum where a bidder deemed nonresponsible is afforded an opportunity to refute this finding. A contractor whose bid is rejected based on a finding that it is nonresponsible is entitled to a responsibility hearing based on its right to due process.
- To avoid abuse, agencies are required to inform the implicated bidder of evidence against it and to provide the bidder an opportunity to respond to any allegations and present evidence supporting its responsibility.
- Attorneys are permitted to represent bidders at responsibility hearings. And given the potential consequences of being deemed a nonresponsible bidder, this is recommended.
- At a bidder responsibility hearing an allegedly nonresponsible bidder, its attorney, and potentially its expert are presented with the evidence against the bidder.
- A bidder deemed nonresponsible may be precluded from bidding future work for the public entity in question. Some local ordinances specifically ban bidders deemed nonresponsible for defined periods of time.
FORMS
Below you can generate the following forms that are applicable to mechanics liens:
- Preliminary Notice Generator
- Conditional Waiver & Release on Progress Payment Generator
- Unconditional Waiver & Release on Progress Payment Generator
- Conditional Waiver & Release on Final Payment Generator
- Unconditional Waiver & Release on Final Payment Generator
- Letter of Intent to File a Mechanics Lien
- Mechanics Lien Generator
- Partial Release of Mechanics Lien Generator
- Total Release of Mechanics Lien Generator