No preview available
HomeMy WebLinkAboutAB 983 (Oppose)August 6, 2008 The Honorable Fiona Ma State Capitol P.O. Box 942849 Sacramento, CA 94249-0012 Dear Assembly Member Ma: The City Council of Diamond Bar respectfully opposes AB 983, which represents a major shift in public contracting practices, requiring cities to provide full and complete plans and specifications (including cost estimates) before entering into any contract. The provisions of AB 983 essentially remove all responsibility for reviewing plans from the contractor before submitting a bid on a public works project. Additionally, these provisions are in direct conflict with the recent Thompson Construction, Inc. vs. City of Sunnyvale case, which ruled in favor of existing public contracting statutory law. Despite this and other court rulings, AB 983 maintains that public agencies should be liable for plans and specifications on public projects. Doing so places an unfair burden on public agencies that is not supported by law, and shields unethical contractors looking to recover funds for alleged defects in plans and specifications. AB 983 removes the incentive for collaboration between public agencies and contractors, and may ultimately lead to delayed public projects and expensive change orders that benefit the contractor but steal from the taxpayers of California. For these reasons, the City of Diamond Bar is opposed to AB 983. Should you have questions, please contact me at 909-839-7010. Sincerely, <C� Jack Tanaka Mayor, City of Diamond Bar CC: City Council League of CA Cities Joe A. Gonsalves & Son