Subcontractor Substitution Attorneys
Overview
Subcontractor substitution places limitations on a contractor’s ability to substitute out subcontractors listed in the original bid. The prohibition against substituting a subcontractor included on the contractor’s original bid applies only to substitutions made after the award of the contract by the public agency. Subcontractor substitution is monitored heavily through procedures and statutes to prevent bid shopping by awarding authorities in an attempt to keep public works bidding fair and equal.
The subcontractor substitution attorneys at Flores Ryan, LLP have expertise in every aspect of the subcontractor substitution law. We provide the legal expertise to ensure that each subcontractor substitution dispute is handled efficiently and effectively. Our extensive experience as subcontractor substitution attorneys allows us to advance substitution 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
- The subcontractor has 6 working days after the prime bid opening to submit to the awarding authority any written objection to the prime contractor's claim of clerical error.
- No statutory duty rests on a prime contractor to provide a subcontractor with notice of its desire to substitute, except in a substitution for clerical error.
- The listing law does not give the listed subcontractor a cause of action against the prime contractor, the supreme court has held such a cause of action to exist only on the theory that the listing law confers statutory rights on listed subcontractors.
- Pursuant to Public Contract Code section 4110, an awarding authority can, after notice and hearing, assess a penalty against a prime contractor for unlawfully substituting subcontractors.
- The listing of a subcontractor confers on that subcontractor the right to perform the work unless statutory grounds for a valid substitution exist.
- A prime contractor on a public works who mistakenly lists the wrong subcontractor and substitutes another subcontractor to perform that work is liable to the listed subcontractor under the Subletting and Subcontracting Fair Practices Act.
FORMS
Below you can generate the following forms applicable to public works disputes: