Of no fault of their own, many public agencies are using forms and contract documents that quote repealed statutes.
In 2012, the California Legislature recodified and renumbered provisions of the Civil Code regarding public and private works of improvement, bonds, stop notices and mechanics liens. The provisions of former Civil Code Sections 3082 to 3267 have been moved to Civil Code Sections 8000 to 9566.
Unfortunately this means that the forms you are using for your public works documents most likely contain outdated code references. Documents which may be affected include, but are not limited to Notice Inviting Bids, Public Works Contracts, Performance Bonds, Labor and Materials Bonds, Deposits and Security Instruments, Preliminary Notice, Stop Payment Notice, Stop Payment Release Bonds and many other related documents.
AGC recommends that clients review their public works forms in light of changes in the law impacting public works documents and notices. Scott Nichols and Teresa Chen of our office are experts in public works substantive and procedural law, and they can assist you in updating these important documents. If you require assistance, please contact Scott, Teresa or any member of AGC at 562-699-5500.