Perspective
Aug. 12, 2010
Cat Got Your Tongue: Public Agencies' Liability for Nondisclosure
Public agencies have a new test to protect against liability for nondisclosure of relevant information to bidders, by Randy Parent and Paula Schaefer of Liebert Cassidy Whitmore.
In Los Angeles Unified School District v. Great American Insurance Co., Hayward Construction Co. (2010 DJDAR 10780), the state Supreme Court set forth a new test under which a public entity is liable for nondisclosure. The test requires the contractor to show that the public entity had information affecting the potential cost of the work that the public entity did not provide to bidders, did not put the bidders on...
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