Professionals

Dale A. Ortmann

Richard Mah

Wahid E. Guirguis

Publications

Stop, Look, and... READ! Don't Sign That Subcontract Just Yet

Is It A Public Or Private Job?

The Right to Repair Act: It's Your Choice

Events

Low Bids & A Down Economy - What's an Owner to Do ?

Public Construction Law and Claims Avoidance Strategies

Survive and Thrive in 2010 - Dealing with Low Bid Disasters on Public Projects (March - July 2010, several dates and locations)

Los Angeles County Bar Association Presents Bid Protests Live

Mediation, Arbitration, and Trial

Claims: Liens, Stop Notices, Bonds, Delay & Disruption, Termination

Protect Your Lien Rights Under the New Law! Sponsored by the Southern CA Contractors Association

AGC of California Legal Advisory Committee- Annual Legal Retreat- The Impact of P&D v. Carlsbad Case on Public Works

Workshop- Public Works Contracting - Pasadena

Public Works Bidding and Subcontractor Listing- Navigating the Rapids

How to Make Sure You Get Paid for Your Construction Work. Liens, Stop Notices, and Payment Bonds. New Laws Effective July 1, 2012

Differing Site Conditions - How to Avoid the Pits

So You Got Sued... Mediations, Arbitrations, and Trials- What Are They & What Should You Do?

Fundamentals of Construction Contracts: Understanding the Issues in California

Construction Credit Conference: New Mechanic's Lien Law Update

Public Contracts and Procurement Regulations- Bakersfield, CA

Public Contracts and Procurement Regulations in California

Mechanic's Lien Law Update - National Electrical Contractors Association

Methods of Dispute Resolution- Mediation, Arbitration and Trial

BICA Mechanic's Lien and Indemnity Law Update Summer Session

The 10 Key Contract Provisions; What You Don't Know Can Hurt You

Ortmann, Mah and Guirguis Present at APWA Congress

Contact

Brian Robbins
626.440.5200
robbins@huntortmann.com

The American Public Works Association (APWA) Congress 2012 begins August 26th in Anaheim, CA and extends until Tuesday, August 28th.  Hunt Ortmann has sponsored an exhibit booth at Expo and has also been invited to speak to public agency officials in attendance on the topic of: "Recent Court Decisions and Their Impact on California Public Works".  The seminar will be presented from 11:00 am - 12:00 pm on August 27th, proceeded by the lunch program.

For more information about APWA Congress 2012, Click Here to visit their website.

Below, you will find a description of the workshop being presented by Dale Ortmann, Richard Mah and Wahid Guirguis. 

Presentation Description:

The California Supreme Court, in the case of Greg Opinski Construction, Inc. v. City of Oakdale (2011), upheld contractual procedural requirements for claims. If the contractor wished to claim a time extension because of delays caused by the city, it was required to obtain a written change order by mutual consent or submit a claim in writing requesting a formal decision by the engineer. It did neither. Since the contractor did not follow the required procedures, the claim was denied on this ground alone.

In the case of P &D Consultants, Inc. v. City of Carlsbad (2010), the Court of Appeal held that oral authorization by the project manager for work beyond that contemplated in the written amendments to the contract did not bind the city. The plain language of the contract limited the city's power to contract to the prescribed method. The project manager lacked authority to alter the written change order procedure or to make modifications orally or through conduct.

Learning Objectives:

Public Works contract administrators will learn the significance of:

- Notice Provisions

- Change Order Clauses

- Disputes procedures

- Who has authority?

- What happens if the contract is not followed?


If you have any other questions or require further information, please email Nick Santoro at santoro@huntortmann.com.

Join us at the APWA Congress 2012 in the ESRI GIS Pavilion

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