Through recent updates to California’s Public Contract Code, public agencies are being equipped with new tools to deliver major infrastructure projects through use of the progressive design-build (PDB) model. As more public agencies gain access to the legislative tools available to use PDB, we expect to see an increasing number of water projects undertaken and completed successfully under the PDB or other early contractor delivery methods. …
After months of unusually heavy rainfall from California’s atmospheric rivers in the beginning of 2024, many projects found themselves facing delays, additional costs and setbacks due to the wet weather. In determining who is responsible for those delays, costs or setbacks, the first thing to look for in a contract are provisions on Force Majeure. Some parties may be surprised by what their contract says on Force Majeure and what risk they assumed for bad weather. …
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