California Public Contract Code

§ 4107

PCC § 4107 Effective Jan 1, 2010Div. 2 · Part 1 · Ch. 4

Statute text

A prime contractor whose bid is accepted may not:

(a)Substitute a person as subcontractor in place of the subcontractor listed in the original bid, except that the awarding authority, or its duly authorized officer, may, except as otherwise provided in Section 4107.5, consent to the substitution of another person as a subcontractor in any of the following situations:

(1)When the subcontractor listed in the bid, after having had a reasonable opportunity to do so, fails or refuses to execute a written contract for the scope of work specified in the subcontractor’s bid and at the price specified in the subcontractor’s bid, when that written contract, based upon the general terms, conditions, plans, and specifications for the project involved or the terms of that subcontractor’s written bid, is presented to the subcontractor by the prime contractor.

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Legislative history

Amended by Stats. 2009, Ch. 500, Sec. 58. (AB 1059) Effective January 1, 2010.