Construction,
Civil Litigation,
California Courts of Appeal
Dec. 3, 2020
Can a public entity demand substitution of a subcontractor?
The Listing Law assumes that when substituting one subcontractor for another, it is the direct contractor who is making the substitution request. The Listing Law is silent as to whether a public entity can tell a direct contractor to make a substitution.
Garret D. Murai
Partner
Nomos LLP
Garret is the editor of the California Construction Law Blog at www.calconstructionlawblog.com.
The Subletting and Subcontracting Fair Practices Act (Pub. Contract Code Section 4100 et seq.), also known as the Listing Law, is intended to prevent "bid shopping" and "bid peddling" on public works projects.
Bid shopping is when a direct contractor discloses a subcontractor's bid to other subcontractors in an attempt to obtain a lower bid.
Bid peddling is when a subcontra...
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