EdLawConnect Blog

The Division of the State Architect is about to implement a new procedure for Field Act and access compliance certification of K-14 projects beginning June 1, 2013. There is really only one change in the law, which is a bar to potentially conflicting interests in contracting for inspection services, which will be the focus of this post. A future post will provide details about the new DSA job card process.

The conflict of interest issue is addressed in 24 California Administrative Code Section 4-333(b), with the language: “An inspector shall not have any current employment relationship with any entity which is a contracting party for the construction or any entity providing any services for the school district except for services directly related to project inspection.” There are two parts to that new requirement. The first, forbidding the inspector from “any current employment relationship with any entity which is a contracting party for the construction,” bars the inspector from working for the construction manager, contractor, or any subcontractors or suppliers on the project. Some inspectors previously entered into contracts with construction management firms for inspection services -- this is now prohibited.

The second, even broader limitation is that the inspector may not “have any current employment relationship with… any entity providing any services for the school district except for services directly related to project inspection.” That limitation bars the inspector from being employed by, or under contract with, anyone other than a person or firm providing inspection services (the ban includes architects and engineers). This still allows an inspector to contract out for special inspection and testing, or for a special inspection and testing firm to subcontract an inspector, as either relationship would involve an entity providing services directly related to project inspection.

In a nutshell, the inspection services must now be under completely separate contracts from every other entity or person serving the local educational agency, including every program manager, project manager, construction manager, architect, engineer, contractor, subcontractor or material supplier.