Contracts
Dec. 18, 2023
A rural water district, arsenic-laden drinking water, and a story you can’t make up
A rather bland legal decision - a local agency's violation of Public Contract Code section 20104.50(b) gives rise to a remedy class (i.e., interest at the legal rate) but does not constitute a breach of contract - but one based on a sensational set of facts.
Garret D. Murai
Partner
Nomos LLP
Garret is the editor of the California Construction Law Blog at www.calconstructionlawblog.com.
Since we're entering the holiday season I thought some light yet entertaining reading might be in order. The next case, which, while it involved a fairly limited legal issue - whether a public entity's violation of one of the state's prompt payment statutes also gives rise to a claim for breach of contract - has such jaw dropping facts I thought it might make a good read if only to make you feel a bit better about your own construction project.
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