Kiewit-Shea
R.J. Land & Associates Construction Co. v. Kiewit-Shea
Opinion
Opinion
Vogel, J.
Introduction
This is an action by a listed subcontractor against the prime contractor of a public work. The subcontractor asserts a statutory cause of action pursuant to the Subletting and Subcontracting Fair Practices Act (Pub. Contract Code, § 4100 et seq.), and Southern Cal. Acoustics Co. v. C. V. Holder, Inc. (1969) 71 Cal.2d 719, 727 [ 79 Cal.Rptr. 319 , 456 P.2d 975 ] (hereafter Southern Cal. Acoustics), alleging that the prime contractor’s bid to the public agency listed plaintiff as the subcontractor designated to perform “glass paver panel” work, and the prime contractor thereafter unlawfully substituted another subcontractor to do that work.
The parties made cross-motions for summary judgment. The trial court granted the prime contractor’s motion and entered a judgment that the subcontractor take nothing. The subcontractor appeals.
We reverse. The prime contractor’s contention that the subcontractor has no statutory right to perform the work, because the prime contractor “inadvertently listed two subcontractors” to do that work, is without merit. The trial court should have denied the prime contractor’s motion and granted the subcontractor’s alternative…