California 2013-2014 Regular Session Status: Passed Assembly

AB 2471 — Public contracts: change orders.

Last action — From Senate committee without further action.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2013-2014 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law contains various provisions relating to contracts by a public entity for the performance of public works of improvement, including provisions for the payment of progress payments and the disbursing and withholding of retention proceeds. Existing law, until January 1, 2016, prohibits progress payments upon state contracts from being made in excess of 100% of the percentage of actual work completed, and authorizes the Department of General Services to withhold not more than 5% of the contract price until final completion and acceptance of the project, except as specified. This bill would require a public entity, as defined, when authorized to order changes or additions to the work in a public works contract awarded to the lowest bidder, to issue a change order promptly, and no later than 60 days after the extra work is performed and documentation has been submitted, as specified. The bill would, if this requirement is not met, make the public entity liable to the original contractor for the completed extra work. The bill would require prejudgment interest to accrue on any amount that this bill would require to be paid that the public entity fails to pay. The bill would also authorize an original contractor to present to the public entity a request for a change order for extra work performed by a subcontractor, including a lower tier subcontractor. It would also authorize a subcontractor to request that an original contractor present a change order request for extra work directed by the public entity that was performed by the subcontractor or lower tier subcontractor. The bill would require the original contractor to notify the subcontractor as to whether the original contractor presented the request to the public entity, as specified.

Bill Text

Action History

  1. From Senate committee without further action.

  2. In committee: Set, first hearing. Hearing canceled at the request of author.

  3. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  4. In committee: Hearing postponed by committee.

  5. Read second time and amended. Re-referred to Com. on APPR.

  6. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (June 24).

  7. Referred to Com. on G.O.

  8. In Senate. Read first time. To Com. on RLS. for assignment.

  9. Read third time. Passed. Ordered to the Senate. (Ayes 63. Noes 11. Page 5357.)

  10. Read second time. Ordered to third reading.

  11. Read second time and amended. Ordered to second reading.

  12. From committee: Do pass as amended. (Ayes 14. Noes 0.) (May 23).

  13. In committee: Set, first hearing. Referred to APPR. suspense file.

  14. From committee: Do pass and re-refer to Com. on APPR. (Ayes 13. Noes 0.) (April 30). Re-referred to Com. on APPR.

  15. Re-referred to Com. on A. & A.R.

  16. From committee chair, with author's amendments: Amend, and re-refer to Com. on A. & A.R. Read second time and amended.

  17. Re-referred to Com. on A. & A.R.

  18. From committee chair, with author's amendments: Amend, and re-refer to Com. on A. & A.R. Read second time and amended.

  19. Referred to Com. on A. & A.R.

  20. Read first time.

  21. From printer. May be heard in committee March 25.

  22. Introduced. To print.

Sponsors

  • Cannella · Cosponsor
  • Frazier · Primary
  • Galgiani · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 2 co-sponsors · 119 not signed on · 3 voted No

Sponsors (1)

  • Frazier

Co-sponsors (2)

  • Cannella
  • Galgiani

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 63 Yea · 11 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 571005
Democratic 4000
Republican 2100
Total 631105
% of votes cast 80%14%0%6%
How each member voted (79)
Member Party Vote
Achadjian — Nay
Bigelow — Not Voting
Bloom — Yea
Bradford — Yea
Brown — Not Voting
Buchanan — Yea
Jones-Sawyer — Yea
Linder — Yea
Maienschein — Nay
Mansoor — Not Voting
Olsen — Yea
Perea — Yea
Rendon — Yea
Ridley-Thomas — Yea
Weber — Yea
Williams — Yea
Daly — Yea
Gorell — Yea
Allen — Yea
Lowenthal — Yea
Garcia — Yea
Skinner — Yea
Gray — Yea
Atkins — Yea
Frazier — Yea
Fong — Yea
Campos — Yea
Chau — Yea
Bonilla — Yea
Gomez — Yea
Hall — Yea
Harkey — Not Voting
Bocanegra — Yea
Holden — Yea
John A. Pérez — Yea
Salas — Yea
Levine — Yea
Logue — Nay
Medina — Yea
Chesbro — Not Voting
Melendez — Nay
Mullin — Yea
Nazarian — Yea
Alejo — Yea
Ammiano — Yea
Chávez — Nay
Conway — Nay
Cooley — Yea
Dababneh — Yea
Donnelly — Nay
Eggman — Yea
Nestande — Yea
Pan — Yea
Quirk — Yea
Rodriguez — Yea
Ting — Yea
Wagner — Yea
Waldron — Nay
Wieckowski — Yea
Wilk — Yea
Dickinson — Yea
Fox — Yea
Gatto — Yea
Yamada — Yea
Gordon — Yea
Hagman — Yea
Beth Gaines — Nay
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Nay
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended.

Passed 14 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 13002
Democratic 1000
Republican 0001
Total 14003
% of votes cast 82%0%0%18%
How each member voted (17)
Member Party Vote
Bigelow — Not Voting
Bradford — Yea
Linder — Yea
Pan — Yea
Weber — Yea
Campos — Yea
Gatto — Yea
Bocanegra — Yea
Gomez — Yea
Holden — Yea
Donnelly — Not Voting
Eggman — Yea
Quirk — Yea
Ridley-Thomas — Yea
Wagner — Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Not Voting

Official roll call →

Passed 13 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11000
Democratic 2000
Total 13000
% of votes cast 100%0%0%0%
How each member voted (13)
Member Party Vote
Achadjian — Yea
Buchanan — Yea
Olsen — Yea
Wagner — Yea
Cooley — Yea
Medina — Yea
Salas — Yea
Lowenthal — Yea
Gorell — Yea
Frazier — Yea
Hagman — Yea
Calderon, Lisa Democratic Yea
Quirk-Silva, Sharon Democratic Yea

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 2471 do?
Existing law contains various provisions relating to contracts by a public entity for the performance of public works of improvement, including provisions for the payment of progress payments and the disbursing and withholding of retention proceeds. Existing law, until January 1, 2016, prohibits progress payments upon state contracts from being made in excess of 100% of the percentage of actual work completed, and authorizes the Department of General Services to withhold not more than 5% of the contract price until final completion and acceptance of the project, except as specified. This bill would require a public entity, as defined, when authorized to order changes or additions to the work in a public works contract awarded to the lowest bidder, to issue a change order promptly, and no later than 60 days after the extra work is performed and documentation has been submitted, as specified. The bill would, if this requirement is not met, make the public entity liable to the original contractor for the completed extra work. The bill would require prejudgment interest to accrue on any amount that this bill would require to be paid that the public entity fails to pay. The bill would also authorize an original contractor to present to the public entity a request for a change order for extra work performed by a subcontractor, including a lower tier subcontractor. It would also authorize a subcontractor to request that an original contractor present a change order request for extra work directed by the public entity that was performed by the subcontractor or lower tier subcontractor. The bill would require the original contractor to notify the subcontractor as to whether the original contractor presented the request to the public entity, as specified.
Who sponsors AB 2471?
AB 2471 is sponsored by Cannella, Frazier, and Galgiani.
What is the current status of AB 2471?
This bill died with 2013-2014 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 2471?
Track AB 2471 free on One Click Politics — get push/email alerts when it moves.

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