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New Law Imposes Significant Changes to Public Works Contractor Registration and Prevailing Wage Reporting

On June 27, 2017 Governor Brown signed SB 96 which is effective immediately and will be implemented by the Department of Industrial Relations starting July 1, 2017. SB 96 makes significant changes to the contractor registration and prevailing…
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Court Issues Ruling in Favor of State Allocation Board in Lawsuit Regarding Level III Developer Fees

On May 25, 2016 the State Allocation Board (“SAB”) voted to authorize Level III Developer Fees, consistent with Government Code section 65995.7. Shortly thereafter the California Building Industry Association (“CBIA”) filed a lawsuit…
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State Allocation Board Authorizes Level III Developer Fees for the First Time; TRO Issued

May 27, 2016 At Wednesday’s meeting of the State Allocation Board, the Board voted to authorize Level III developer fees, consistent with Government Code section 65995.7.  This is the first time the Board has authorized the levying of…
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Court of Appeal Rules Competitive Bids Not Required for School District Entering Into Lease-Leaseback Contracts for New Facilities

May 16, 2016 The California Court of Appeal has issued a new decision regarding the use of lease-leaseback  agreements for school construction projects.  In the case entitled Mcgee v. Balfour Beatty Construction LLC, (Cal App., 2016 DJDAR…
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State Increases Limits to Developer Fees and Contracting Amounts

Update: On February 24, 2016, the State Allocation Board approved adjustments to the Level I developer fees.  The residential development amount was increased to $3.48 per square foot (from $3.39) and $0.56 per square foot for commercial/industrial…
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Use of Lease-Leaseback Contracting Method in light of Davis v. Fresno Unified School District

For the past several years, school districts throughout the State of California have increasingly utilized the lease-leaseback contracting method to complete their new construction and modernization projects. Since 1957, the Legislature has…
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Suspension of Level 3 Developer Fees Expires

On June 27, 2012, the Governor signed Senate Bill (SB) 1016, which in part amended Government Code section 65995.7 to make the authorization for "Level 3" developer fees inoperative through December 31, 2014, regardless of the status of state…
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New Legislation on Public Works Contractor Labor Compliance Registration Program

SB 854 (Chapter 28, Statutes of 2014) was signed into law and became effective immediately on June 20, 2014. SB 854 establishes a new public works contractor registration program. These changes are at Labor Code sections 1725.5 - 1776. All…
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State Allocation Board Approves Biennial Developer Fee Increase

The State Allocation Board, at its January 22, 2014 meeting, approved an increase in “level 1” developer fees from $3.20 to $3.36 per square foot on new residential development and residential additions of over 500 square feet, and from…