AB 2311 – Requires Public Agencies To Provide Notice To Contractors When Public Works Project Requires The Use Of A Skilled And Trained Workforce

CATEGORY: Client Update for Public Agencies, Fire Watch, Law Enforcement Briefing Room
CLIENT TYPE: Public Employers, Public Safety
DATE: Oct 26, 2020

Certain public works projects require that a public entity obtain an enforceable commitment from a bidder, contractor, or other entity that it will use a skilled and trained workforce. Public agencies can also require that a bidder, contractor, or other entity use a skilled and trained workforce to complete a contract or project.

AB 2311 is intended to address a problem of contractors not having advanced notice of when a skilled and trained workforce is required for a project. AB 2311 now requires a public entity to include in all bid documents and construction contracts, a notice that the project is subject to the skilled and trained workforce requirements. AB 2311 further provides that the failure of a public entity to provide such a notice does not excuse the public entity or the bidder, contractor, or other entity from the obligation to use a skilled or trained workforce to complete the project if such a requirement is imposed by statute or regulation.

(AB 2311 amends Section 2600 of the Public Contracts Code and adds Section 2600.5 to the Public Contracts Code.)