§ 70398.6. — 70398.6. (Added by Stats. 2021, Ch. 79, Sec. 30.)

California § 70398.6.

• Jurisdiction: California
• Code GOV: Government Code - GOV
• Title 8.: TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS
• Ch. 5.7.: CHAPTER 5.7. Superior Court Facilities
• Art. 7.1.: ARTICLE 7.1. Superior Court Design-Build Projects

Text

(a)
If the Judicial Council elects to award a project pursuant to this article, retention proceeds withheld by the Judicial Council from the design-build entity shall not exceed 5 percent if a performance and payment bond, issued by an admitted surety insurer, is required in the solicitation of bids.
(b)
In a contract between the design-build entity and a subcontractor, and in a contract between a subcontractor and a subcontractor thereunder, the percentage of the retention proceeds withheld may not exceed the percentage specified in the contract between the Judicial Council and the design-build entity. If the design-build entity provides written notice to a subcontractor that is not a member of the design-build entity, prior to or at the
time the bid is requested, that a bond may be required and the subcontractor subsequently is unable or refuses to furnish a bond to the design-build entity, then the design-build entity may withhold retention proceeds in excess of the percentage specified in the contract between the Judicial Council and the design-build entity from any payment made by the design-build entity to the subcontractor.

Legislative History

Added by Stats. 2021, Ch. 79, Sec. 30. (AB 143) Effective July 16, 2021.