Subcontractor Listing Law Attorneys
Overview
The subcontractor listing law places limitations on a public contractor’s ability to substitute a subcontractor in place of the subcontractor listed in the contractor’s original bid. An awarding authority may consent to the substitution of a subcontractor only in certain circumstances. The prohibition against substitution of a subcontractor included on the contractor’s bid applies only to substitutions made after the award of the contract by the public agency.
The subcontractor listing law attorneys at Flores Ryan, LLP have expertise in every aspect of the subcontractor listing law. We provide the legal expertise to ensure that each subcontractor listing law dispute is handled efficiently and effectively. Our extensive experience as subcontractor listing law attorneys allows us to advance disputes strategically to maximize the likelihood of an efficient resolution.
ARTICLES
Notice Of Nonresponsibility: Is It Enforceable?
This article covers the basics of California Notice's of Nonresponsibility
CSLB Arbitration: Will It Work For Me?
Contractors can learn the specifics of what CSLB mandatory & voluntary arbitration is and the criteria required in order to participate in such arbitrations.
Establishing Breach Of Contract: You’ve Got To Prove It!
This article contains suggestions and strategies for establishing breach of contract.
Don’t Go Changin’…Unless You’ve Followed Your Change Order Procedure
This article provides a basic overview of change orders, from what a change order is to the consequences of failing to follow change order procedure.
KEY POINTS
- If the direct contractor intends to have a subcontractor other than the listed subcontractor perform the work, then the listed subcontractor is entitled to receive notice of the requested substitution and the reasons for it.
- Subletting and Subcontracting Fair Practices Act permits an awarding authority's agent to conduct a substitution hearing and does not confer fundamental vested rights to a subcontractor.
- Public Contract Code section 4107, subsection (a), provides nine (9) different bases upon which a direct contractor may request a public owner approve a subcontractor substitution.
- A listed subcontractor who was replaced by another subcontractor without a formal substitution request may sue the direct contractor for any resulting damages.
- A subcontractor has only limited, ancillary rights protecting against substitution which arise as a consequence of the statute's primary purpose of preventing bid shopping and peddling.
- A prime contractor may not assert a claim of inadvertent clerical error unless within 2 working days after the bid opening the prime contractor gives written notice of its claim to the awarding authority and submits copies to the subcontractor involved.
- The Contractors State License Law (Bus & Prof Code §§7000–7191) does not require a subcontractor to have a contractor's license at the time it submits a subbid, although a license generally is required when the subcontractor executes its contract with a successful prime bidder.
FORMS
Below you can generate the following forms applicable to public works disputes: