AGC OF CALIFORNIA CENTENNIAL - LEGAL ISSUES Continued from page 11
contract documents, the consensus docs. Tose are an industry standard now.
Q A
California Constructor. Over the last few decades what has changed the most in terms of the legal environment for contractors in California?
Don Bradley.
Well we do see that public contracting laws have gotten harder to comply with over the years. Te most significant change, say in the last 10 years, has been how public projects have been defined. It can be really risky for contractors that think they are working on a private project, and then find out late in the game that it actually is a public project which mandated prevailing wages and other Public Contract Code requirements. Twenty years ago, it used to be much more clear which projects were private and which were public.
Q A
Q A
California Constructor. What muddied the waters?
Don Bradley.
Well I think different financing methods and different project delivery methods was a big part of the reason. More and more projects are hybrids, where some of the money is private, and some public, and some has elements of both.
California Constructor. As you know, the AGC Legal Advisory Committee offers a le- gal helpline to members. What kind of calls do you field most frequently when you have given advice for the hotline?
Don Bradley.
I’ve fielded a few of those calls over the years. For me, the subject that seems to be most
12 May/June 2020
often brought up – more often than not on a Friday afternoon – is “my sub is not doing the work; how bad does it have to get before I can terminate them?” or on the flip side, a subcontractor will call wanting to know whether they can walk if they’re not being paid by the contractor.
Q A
California Constructor. What’s on the horizon for con- tractors – what do you expect will be the biggest legal issues or challenges impacting con- tractors in the coming years?
Don Bradley.
Construction defect and insurance issues have always been big, and they will stay that way. Te whole Type 1/2/3 indemnity issue, which has been repeatedly legislated, will continue to generate legal activity. One issue that hits on another practice area of mine is the field of privacy and technology. With Califor- nia’s new Consumer Privacy Act, what’s happening today is just the tip of the iceberg. Any time that you are collecting data, even when you think no consumers are involved and it’s all just a commercial project, it’s still very easy to have a plain- tiff’s lawyer argue that you are collecting consumer data.
Tere is significant liability that can arise from that. I believe privacy and technology areas will be very active and potentially problematic for the construction industry going forward.
Q A
California Constructor. Finally, Don what has led you to be so actively involved in AGC over the years – and what do you see as the biggest value?
Don Bradley.
Well, you never stop learning! Te area of construction law is always changing. If you’re going to stay good at what you do, you have to keep your finger on the pulse through an association like AGC. Te Legal Advisory Committee and Legislative Committees are two of the best ways to stay in touch with what’s going on in the construction legal world.
Construction Law Group
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SAN DIEGO • DEL MAR HEIGHTS • SILICON VALLEY • ORANGE COUNTY • LAS VEGAS • PHOENIX California Constructor
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