AGC OF CALIFORNIA CENTENNIAL - LEGAL ISSUES


hauser Ornamental & Metal Works Company, Inc), which virtually eliminated the substantial compliance doctrine. Te Great West case fine-tuned that and found that even if a contractor had a license when the contract was signed, if the contractor did some of the work before it was licensed, it had to disgorge all the money for that work. United Riggers (United Riggers & Erectors, Inc. v. Coast Iron & Steel Co.), just a couple years ago, dealt with the issue of prompt payment laws and what constitutes a good faith dispute for withholding. And of course, everybody still talks about Privette and Toland, and the whole idea of sole remedy and when you can and can’t recover against a


GC if you’re an employee of a subcontractor. Another impactful case was Wm. R. Clarke Corporation V. Safeco Insurance Company of America, invalidating pay-if-paid clauses. Te California Supreme Court ruled in this benchmark case that “pay if paid” provisions violate public policy and are void and unenforceable. Tose are just some of the ones that quickly come to mind; there are many others.


Q


California Constructor. What role has AGC and/ or its legal members played in shaping these or other influential cases in California? And what do you see as AGC’s biggest impact on the construction industry, from a legal standpoint?


A


Don Bradley.


AGC has filed amicus briefs in many of those cases that I mentioned, or at least was asked to do so. And most of the time that AGC has submitted a brief, the court has ended up going our way. So that’s been a key role. Also, a lot of the people on the AGC Legal Advisory Committee (LAC) are on the Legislative Committee as well. I think that work – helping determine what the proposed statutes say, testifying about pending legislation, preparing educational information for members – is just as important as the direct litigation work. Also, a number of LAC lawyers were very heavily involved in creating and updating AGC’s


Continued on page 12


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