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By Edward B. Lozowicki

California has enacted a new law, Senate Bill 593, which prohibits CalTrans from withholding retention from progress payments to contractors on transportation projects. CalTrans has implemented this law by changing its Standard Specifications to delete the customary retention requirement. The official announcement from CalTrans states:

Senate Bill No. 1130 (Scott) - approved by the Governor on July 27, 2004

Amends sections 20209.12, 20209.13, and 20209.14 of the Public Contract Code to extend by two years the "sunset date" on legislation authorizing design-build authority for transit districts. The provisions of this bill apply only to "transit projects" which do not include state highway construction or local street and road projects.

Plastic Pipe and Fittings Association v. California Building Standards Commission
124 Cal. App. 4th 1390 (2d Dist. Dec. 15, 2004)

State agencies, in exercising discretion under California Building Standards law to disallow use of cross-linked polyethylene (PEX) pipes, were entitled to rely on expert environmental consultant's opinion letter advising that PEX may present an unreasonable risk of harm and that information in the administrative record was insufficient to dispel concerns. The consultant's letter constituted substantial evidence of the agencies' conclusion.