• Posts by Martin Hom
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    Martin Hom has litigation and trial experience in a broad range of contract interpretation issues and disputes, such as delay and inefficiencies, acceleration, differing site conditions, changes, terminations for default ...

On May 2, 2017, the First District Court of Appeal issued an unpublished opinion in CTAN v. Mt. Diablo Unified School District, (see AALRR Alert) which specifically rejected the Davis v. Fresno lease-leaseback requirements of a “genuine” lease and contractor financing.   AALRR on behalf of the amici curiae Coalition for Adequate School Housing and the Association of California Construction Managers ...

At the May 25, 2016, State Allocation Board (SAB) meeting, the SAB authorized, for the first time ever, the imposition of Level III Developer Fees finding that no state funds were available for new construction projects.  On May 26, 2016, in response to California Building Industry Association (CBIA) filing a Petition for Writ of Mandate challenging the SAB’s finding that state funds are not available for ...

At the May 25, 2016, State Allocation Board meeting, the State Allocation Board authorized, for the first time ever, the imposition of Level III Developer Fees.  Developer Fees or school impact fees are paid by property owners and developers to mitigate the impacts of new construction on the school district’s facilities.  There are three levels of Developer Fees, commonly referred to as Level I, II, and III.  ...

The new law becomes operative on January 1, 2015.  Therefore, any lease leaseback project that is awarded after January 1, 2015, involves a projected expenditure of $1,000,000 or more, and uses any money from the Leroy F. Greene School Facilities Act of 1998 or any future state school construction bond must comply with the mandatory prequalification procedures found at Public Contract Code section 20111.6.

On September 18, 2014, Governor Brown signed AB 1581 which amended Education Code sections 17406 and 17407 (the lease leaseback statutes) to expressly provide that the mandatory prequalification requirements apply to the lease-leaseback delivery projects.  The mandatory prequalification requirements set forth in the new Public Contract Code section 20111.6 apply to any school district public works ...

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